I told you during this weekend that this week the companies Apple Lossless Audio CODEC (ALAC), si Samsung they will meet again in a process that has the role of establishing the last part of the compensations that Apple Lossless Audio CODEC (ALAC), should receive them after a jury has decided that the patents of Apple Lossless Audio CODEC (ALAC), were violated by the Koreans. An American judge canceled 450 million dollars of the total amount established by the jury (1.05 billion dollars), and the role of the trial now is to determine the final amount that will replace it. We are still talking about a trial in which a jury is involved, those from Apple and Samsung doing today the initial pleas before the jury, Apple's lawyers asking for 380 million dollars in damages for infringements, Samsung stating that only 52 million dollars should be paid.
An Apple attorney told a jury on Wednesday that the company wants an additional $380 million in damages from Samsung's patent infringement. That's on top of the $600 million Samsung already has to pay after a judge vacated about $450 million of the original award. Samsung, meanwhile, said it should only have to pay Apple $52 million. A new jury of eight people has been assembled to determine how much more Samsung owes Apple for infringing on five patents related to the iPhone's design and functionality.
If you're wondering how Apple calculated the above amount, well, $114 million is Apple's lost profit, $231 million is Samsung's profit, and $35 million is reasonable licensing fees. Apple estimates that it would have sold approximately 360.000 iDevices if Samsung had not infringed its patents, while Samsung would have sold 10.7 million devices, earning $3.5 billion. You can easily notice that there is a major discrepancy between the sales figures, and they are based on the fact that the Samsung terminals that violated the patents are, for the most part, cheap and dedicated to consumers who do not spend a lot of money on mobile terminals.
McElhinny arrived at the $380 million amount based on lost profits of about $114 million, Samsung's profits of about $231 million, and reasonable royalties of approximately $35 million. Apple estimates it would have sold 360,000 devices if Samsung hadn't released infringing rivals. He noted that Samsung sold 10.7 million infringing devices, generating $3.5 billion in revenue.
The lawyers of both companies argued today on the issue of damages and will continue to do so in the next period, but it remains to be seen what the jury will decide and whether the amount established now will be changed again or not.
