Apple Wants $2.5 Billion in Damages From Samsung, but Prefers a Ban Instead

[dgstorm]

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:

“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.”

Here's a quote from Tim Cook, the CEO of Apple, on the matter,

"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.”

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.

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.

Source: AndroidAuthority

 

[liftedplane]

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.

that actually makes me a little sick to look at.

Apple simply doesn't like the fact that in the computer market they were beat by microsoft, and then they were doing awesome with smartphones and here comes samsung and woops their ass... pretty sad.

 

[Narsil]

Apple's Empire:

 

[sNuFfYStiGLiTZ]

How can people invent their own stuff when apple is inventing everything first and then getting patents for it? What are they going to patent next? The use of plastic for the letters on a keyboard?

 

[johnomaz]

How can people invent their own stuff when apple is inventing everything first and then getting patents for it? What are they going to patent next? The use of plastic for the letters on a keyboard?

Apple isnt' inventing first. They either buy out a small company for a feature or two or patent something after someone else has patented it. Patents are expensive and everyone doesn't have the money to do it. Apple swoops in and patents something and bam, the real creator gets screwed over. I'm not going to list them all as its been done over and over but Apple is blatantly copying features from Android that has been in Android for ages. They have copied features that users created and implemented in the iOS jailbreaking scene. Apple has money is so many pockets its sickening. This whole "2.5 billion but we'd rather just ban them" is nothing more than using the broken patent/legal system to create a monopoly. They'll say that they don't have a problem with competition but since they are banned, its not really a monopoly since competitors exist but are just banned.

 

[TOMMYBOT]

How can people invent their own stuff when apple is inventing everything first and then getting patents for it? What are they going to patent next? The use of plastic for the letters on a keyboard?

How did you know!!
Is it wrong I want to create a team of world class hackers to destroy everything apple?
Just onslaught of apple products/ their database. Lol I want to see it all whipped away.. excuse the rage >.>

Sent from my DROID BIONIC using Tapatalk 2

 

[syndicate0017]

How can people invent their own stuff when apple is inventing everything first and then getting patents for it? What are they going to patent next? The use of plastic for the letters on a keyboard?

Apple has done just as much "copying" as any other manufacturer. Many of Apple's patents that they've been granted were first used in the industry by another company. Apple just applied for the patent, while the other company didn't.

Sent from my Galaxy Nexus using Tapatalk 2

 

[dgstorm]

Yes. It definitely seems like there are far too many cases of "prior art" for Apple to make the ridiculous claim that they got there first. The only thing Apple did first was to sucker the USPTO (and apparently other global patent offices) into giving them patents on stuff they didn't invent. To have Tim Cook claim that other companies should invent their own stuff is what is sickening too me. The hypocrisy is so thick it's like mud.

 

[tjk629]

You know what I want to know.

How is it that Apple is spending all its time going after Samsung, when LG stuff looks just like TouchWiz? Isn't one of apples complaints that TouchWiz's design is too much like iOS? Well, LGs UI is IDENTICAL to TouchWiz.

All this stuff Apple is going after Samsung for is on other Android handsets. Yet, only Samsung devices are being stripped of the features.

 

[doomgazer]

You know what I want to know.

How is it that Apple is spending all its time going after Samsung, when LG stuff looks just like TouchWiz? Isn't one of apples complaints that TouchWiz's design is too much like iOS? Well, LGs UI is IDENTICAL to TouchWiz.

All this stuff Apple is going after Samsung for is on other Android handsets. Yet, only Samsung devices are being stripped of the features.

Simple - LG isn't a real threat at this stage. If you look at smartphone sales over the last few years, Samsung has been near or at the top of the pack and is the biggest direct competitor to Apple. Apple's goal is to destroy Samsung, then move on to the next company that plays in "their sandbox" - ie the next biggest Android manufacturer.

I want Apple to use their newly granted UI patent that basically covers everything any touch based phone does. This will effectively block the entire smartphone market and people will have to take notice if the only product they can buy is Apple. Only then will something meaningful be done.

 

[jseah]

You know what I want to know.

How is it that Apple is spending all its time going after Samsung, when LG stuff looks just like TouchWiz? Isn't one of apples complaints that TouchWiz's design is too much like iOS? Well, LGs UI is IDENTICAL to TouchWiz.

All this stuff Apple is going after Samsung for is on other Android handsets. Yet, only Samsung devices are being stripped of the features.

That's because LG's sales numbers are not a threat to Apple. Samsung's is.

 

[BJPalmer85]

apple needs to go away and die!!

im glad Ford or GE didnt sue the other when they invented a car or we'd all be driving model T's or maybe still in horse and buggy's.

"your product looks similar to mine, in that is has doors, glass, wheels and it moves. ILL SEE YOU IN COURT!!!!"

this is getting nuts!!! i think the CEO's of each company should settle this like adults. Meaning they should train in MMA for a year and then have a 5 round UFC championship fight.

B

 

[cybertec69]

Apple again pulling at straws. This is getting totally absurd.

 

[Lastdaze]

whole thing is a joke, but apple will keep going as long as the courts keep ruling in their favor. apparently the way a tablet looks is more important to the consumer than its actual functionality based on these court cases. I guess only apple can make rectangular devices....

 

[Byakushiki]

Their annoying hardware doesn't help either. Try installing Linux and making it boot off of their junk efi implementation only. A sledgehammer would do a better job. It gets worse for servers...which I'm stuck with.

Breakfast beats worrying.