Apple asks Samsung for billions in damages, offers pennies in return
This entry was posted on Monday, July 23, 2012.
Apple and Samsung have had a prolonged legal battle regarding patent infringements that simply doesn’t look like it will get over any time soon. Frankly, the frequent pettiness on display from both sides has made this saga rather annoying, and the latest example of their far from exemplary conduct has been revealed by FOSS patents.
Some of the features that Apple is claiming damages for include the bouncing effect on scrolling beyond the end of a list (or ‘rubber banding’ as Apple chooses to call it), a ‘tap to zoom & navigate’, and other design related to damages.
"Samsung adopted as its number one goal to [redacted]' in the smartphone and tablet markets, and it chose to compete by copying Apple. Samsung's infringing sales have enabled Samsung to overtake Apple as the largest manufacturer of smartphones in the world. Samsung has reaped billions of dollars in profits and caused Apple to lose hundreds of millions of dollars through its violation of Apple's intellectual property. Apple conservatively estimates that as of March 31, 2012, Samsung has been unjustly enriched by about [redacted; presumably $2 billion] and has additionally cost Apple about $500 million in lost profits. Apple also conservatively estimates that it is entitled to over $25 million in reasonable royalty damages on the proportionately small set of remaining sales for which it cannot obtain an award of Samsung's profits or Apple's own lost profits, for a combined total of $2.525 billion."
Apple is asking for about $30 per device for all of the infringing features combined. In return, it is offering Samsung about half a cent for patents that it accepts having infringed. In Apple’s words: “A. To The Extent That Samsung Is Entitled To Any Remedy, its FRAND Damages Cannot Exceed $0.0049 Per Unit for Each Infringed Patent”.
Folks, don’t expect this saga to get done with anytime soon.