Samsung wraps up case with Apple, demanding $422m

David Price
20 August, 2012
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The court battle between Apple and Samsung has moved closer to its conclusion, with the completion of Samsung’s testimony. The Korean tech giant concluded by requesting damages of US$421.8m from Apple.

Former PriceWaterhouse partner Michael Wagner was brought out to testify that Apple’s estimate of the damages it is owed (for lost sales of iPhone and iPads, due to the success of Samsung allegedly patent-infringing rival products) is excessive.

Apple is seeking between US$2.5bn and US$2.75bn in damages. But Wagner testified that if any infringement was made, the losses would total approximately US$518m. He explained the discrepancy as being due to Apple leaving out expenses for R&D and marketing in its calculations, and pointing out that even with Samsung’s rival models supposedly taking away sales, Apple struggled to meet the demand for various iPhone and iPad models.

Samsung then made a case for receiving damages of its own. Damages expert Vincent O’Brien testified that Apple has paid out more than a billion dollars in patent royalties but has yet to pay any to Samsung; then economist David Teece testified that a suitable figure for these patent royalties would be somewhere from US$290m and US$399m.

Samsung’s legal team wrapped things up with a request for overall damages of US$421.8m.

Apple’s turn

After pushing its testimony time limit so much that presiding Judge Koh pondered if its lawyers were “smoking crack”, Apple hurried through a rapid-fire series of testimonies of its own, each claiming that Apple did not infringe Samsung patents. Closing arguments should begin this evening.

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