Apple Wants $2.5 Billion in Damages From Samsung, but Prefers a Ban Instead
If there were any doubts about the vicious nature of Apple in these legal disputes against Samsung, they will probably be dispelled by this news. The Apple vs. Samsung legal fight has been raging across four continents, in 10 countries over 50 patent-based cases. In just the United States case, Apple has shared their "demands." Apparently, Apple believes it deserves $2.525 Billion dollars in damages from Samsung, but it would actually just prefer a sales ban on all of the alleged infringing products. Here's a breakdown of how Apple comes up with this number,
- $2.02 for the “overscroll bounce” (or “rubber-banding”) ’318 patent
- $3.10 for the “scrolling API” ’915 patent
- $2.02 for the “tap to zoom and navigate” ’163 patent
- $24 for use of any of Apple’s design patents or trade dress rights (this is that look and feel patent)
Here's a quote from Apple's legal brief:
Here's a quote from Tim Cook, the CEO of Apple, on the matter,
“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.”
Things get even worse from here. Apple claims that if they are infringing any of Samsung's patents then they only owe Samsung a paltry $0.0049 (or almost half a cent) for each infringement case, which amounts to about $2 Million dollars (and is probably actually less than that). This is because these patents are FRAND or standards essential patents and are thus under different rules in which a maximum amount can be set. In fact, Samsung never even enforced their patents on Apple previously, and only tried to use them after Apple started their lawsuit claiming that Samsung copied the look and feel of their designs. Samsung tried to negotiate a 2.4% per device rate for their patent, which was admittedly very high for a FRAND patent, but it was only in response to Apple's patent challenges. Sadly, this will make Samsung look bad in the court system, and in fact, they are being investigated for this by the EU.
"We just want other people to invent their own stuff. Apple looks forward to a trial that will vindicate its intellectual property rights. Samsung must play by the rules. It must invent its own stuff. Its flagrant copying and massive infringement must stop.”
No matter how you slice it things are looking grim for Samsung all over again. If you follow Apple's train of logic it's not hard to reach a particular conclusion: They don't want anyone else in the smartphone and tablet market, and they believe they have a right to be the only ones there. Of course, that is just one perspective... share yours.