FOSS Patents‘ Florian Mueller studies that lately-filed court paperwork in the ongoing U.S. patent and design dispute between Apple and Samsung reveal that Apple is in quest of a total of $2.5 billion from Samsung to duvet alleged infringement through Samsung’s cell merchandise. From the courtroom filing:
Samsung has reaped billions of greenbacks in profits and led to Apple to lose a whole lot of millions of dollars via its violation of Apple’s mental property. Apple conservatively estimates that as of March 31, 2012, Samsung has been unjustly enriched by way of about [redacted; presumably $2 billion] and has additionally value Apple about $500 million in lost profits. Apple also conservatively estimates that it’s entitled to over $25 million in affordable royalty damages on the proportionately small set of ultimate sales for which it can’t receive an award of Samsung’s profits or Apple’s personal lost income, for a combined total of $2.525 billion.
Mueller notes that Apple shouldn’t be allowed to gather both royalties and profits from a single device, and as a result focuses its claims on the $2 billion figure related to design infringement, as that tactic would allow Apple to request both misplaced earnings of its own and unfairly earned profits by way of Samsung on those units. In calculating the royalty charges it believes it’s owed for Samsung’s use of Apple’s intellectual property, Apple arrived at the following figures:
These are the per-unit royalties that Apple calculated for its different mental property rights-in-swimsuit:
– $2.02 for the “overscroll soar” (or “rubber-banding”) ‘318 patent
– $three.10 for the “scrolling API” ‘915 patent
– $2.02 for the “faucet to zoom and navigate” ‘163 patent
– $24 for use of any of Apple’s design patents or trade dress rights
On a separate observe, Apple’s filings also reveal its estimates of how a lot it will have to pay in royalties for Samsung’s patents, which can be related to 3G requirements and are required to be licensed under fair and reasonable terms. while Samsung has been soliciting for a royalty price of 2.four% on Apple’s gross sales of 3G devices, Apple argues that the amount must best be one-1/2 cent per unit in line with Samsung’s small share of very important 3G patents and a belief that the royalty should be calculated on the price of the baseband processor fairly than your entire instrument.
As part of the ongoing courtroom case, Apple CEO Tim cook dinner met with Samsung CEO Choi Gee-sung back in late may, however the negotiations yielded little development. Reuters pronounced the day prior to this that the two executives met once more final week but that the perimeters stay a ways aside of their valuations of their respective intellectual property.
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extra: persevered here