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Apple's $380M case against Samsung goes to jury in California

Martyn Williams | Nov. 20, 2013
Two calculators will help the eight person jury come up with their award in the closely watched case

Apple is also demanding $231 million for Samsung's infringement of Apple design patents. Rules allow Apple to claim all profit earned by Samsung on sales of products that infringe Apple's design patents.

"Is it a lot of money? Yes, but judge it against the revenues Samsung got," argued Lee.

With so much money at stake, it's no surprise the two sides disagree on Samsung's profits.

Samsung asserts that Apple's calculation fails to address multiple expenses that should have been taken out.

"These expenses are not just related to producing a product," said Price. "Those expenses are necessary for producing a product."

Samsung says its real profits on the phones in question total $52 million.

Convincing the jury of that is important, because Samsung has the burden of proof on this question.

The remaining $35 million represents reasonable royalties that Samsung should have paid had it licensed the patents concerned, said Apple. On this, Samsung has suggested $28,452 is all it should pay.

The jury needs to come up with detailed infringement figures for each patent and each phone. They have been supplied with two calculators to help their deliberations.

The case is 11-01846, Apple vs Samsung, in the U.S. District Court for the Northern District of California.

 

 

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