Apple Asks for $379 Million in Damages Retrial Against Samsung

Apple and Samsung entered a new damages retrial this week, to determine the amount of money that Samsung must pay for copying key iPhone features and design elements.

During opening statements, Apple asked for $379 million in damages, while Samsung suggested it should only pay $52 million. "Apple is simply asking for much more money than it's entitled to," said Samsung attorney William Price (via CNET).

apple_samsung_logos
According to Apple attorney Harold McElhinny, Apple's figure is based on lost profits of $114 million, Samsung's profits of $231 million, and royalties of $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.

"In a fair fight, that money should have gone to Apple," McElhinny said.

Last year, Samsung was ordered to pay Apple a total of $1.05 billion after a jury found the South Korean company guilty of willfully violating multiple Apple patents. Back in March, Judge Lucy Koh struck $450 million from the $1 billion awarded to Samsung after deciding the jury may have miscalculated the damages due to a misunderstanding of patent issues.

The retrial, which is ongoing, may see Apple call witnesses like marketing chief Phil Schiller and former senior vice president of iOS software Scott Forstall, who was ousted from the company in late 2012. It appears the retrial may ultimately benefit Samsung, as Apple's $379 million request is significantly lower than the nullified $450 million award, though Samsung is also responsible for the $600 million that was not struck from the first jury decision.

Popular Stories

iPhone SE 4 Vertical Camera Feature

iPhone SE 4 Rumored to Use Same Rear Chassis as iPhone 16

Friday July 19, 2024 7:16 am PDT by
Apple will adopt the same rear chassis manufacturing process for the iPhone SE 4 that it is using for the upcoming standard iPhone 16, claims a new rumor coming out of China. According to the Weibo-based leaker "Fixed Focus Digital," the backplate manufacturing process for the iPhone SE 4 is "exactly the same" as the standard model in Apple's upcoming iPhone 16 lineup, which is expected to...
iPhone 17 Plus Feature

iPhone 17 Lineup Specs Detail Display Upgrade and New High-End Model

Monday July 22, 2024 4:33 am PDT by
Key details about the overall specifications of the iPhone 17 lineup have been shared by the leaker known as "Ice Universe," clarifying several important aspects of next year's devices. Reports in recent months have converged in agreement that Apple will discontinue the "Plus" iPhone model in 2025 while introducing an all-new iPhone 17 "Slim" model as an even more high-end option sitting...
iPhone 16 Pro Sizes Feature

iPhone 16 Series Is Just Two Months Away: Everything We Know

Monday July 15, 2024 4:44 am PDT by
Apple typically releases its new iPhone series around mid-September, which means we are about two months out from the launch of the iPhone 16. Like the iPhone 15 series, this year's lineup is expected to stick with four models – iPhone 16, iPhone 16 Plus, iPhone 16 Pro, and iPhone 16 Pro Max – although there are plenty of design differences and new features to take into account. To bring ...
Apple TV Plus Feature 2 Magenta and Blue

Apple TV+ Curbs Costs After Expensive Projects Fail to Capture Viewers

Monday July 22, 2024 5:11 am PDT by
Apple is scaling back its Hollywood spending after investing over $20 billion in original programming with limited success, Bloomberg reports. This shift comes after the streaming service, which launched in 2019, struggled to capture a significant share of the market, accounting for only 0.2% of TV viewership in the U.S., compared to Netflix's 8%. Despite heavy investment, critical acclaim,...
bsod

Microsoft Blames European Commission for Major Worldwide Outage

Monday July 22, 2024 11:55 am PDT by
Last Friday, a major CrowdStrike outage impacted PCs running Microsoft Windows, causing worldwide issues affecting airlines, retailers, banks, hospitals, rail networks, and more. Computers were stuck in continuous recovery loops, rendering them unusable. The failure was caused by an update to the CrowdStrike Falcon antivirus software that auto-installed on Windows 10 PCs, but Mac and Linux...

Top Rated Comments

SethBoy Avatar
140 months ago
Actually, $0.5 billion, $1 billion or even $3 billion… I think Samsung has made profits far in excess of these sums by being the most effective copycat of Apple.
Score: 18 Votes (Like | Disagree)
BaldiMac Avatar
140 months ago
Check out this video (//www.youtube.com/watch?v=wFeC25BM9E00) and you'll Apple hasn't done much inventing. Remixing sure, but inventing nope. Sorry, rounded corners don't count.
All it takes is willful ignorance and an arbitrary definition of invention in order to believe this claim. :rolleyes:
Score: 9 Votes (Like | Disagree)
eiuro Avatar
140 months ago
Samsung is the biggest copycat in the history of technology. Their market share is made up of cheap low end phones. Not a fan at all. Not because I own apple products but because they have no vision and nothing of interest to me other than TV's. Ok bye.
Score: 8 Votes (Like | Disagree)
unplugme71 Avatar
140 months ago
Can't we sue because we are tired of all these lawsuits? It's causing me headaches and pain. I'm also emotionally damaged that a company I admire is going through such legal actions.
Score: 8 Votes (Like | Disagree)
BaldiMac Avatar
140 months ago
Theres nothing in tech4all's argument or Kirby Ferguson's presentation that leads to willful ignorance.
Leads to? The argument that Apple has not invented much is based on willful ignorance - ignoring the things that they did invent and creating arbitrary categories and definitions to dismiss the things that they do discuss.

For instance, in Kirby's multitouch example, he dismisses Apple's invention of a Multi-Touch implementation based on the fact that multi-touch, in general, already existed.
Score: 7 Votes (Like | Disagree)
wikiverse Avatar
140 months ago

Simply put, Samsung is only winning the market share race in areas where cheap low-end phones are popular.

So, Samsung are only winning market share by creating products that people want to buy at a price people are prepared to pay.

It's almost like they have a range of products to cater to the needs of different consumers.

Giving people what they want? Samsung must be the worst company ever!
Score: 6 Votes (Like | Disagree)