Apple v. Samsung - Apple Seeks $2 Billion for Patent Infringement

Today, the federal district court for San Jose, California heard opening arguments in Apple v. Samsung which is their second major trial for patent infringement. Apple is now seeking Samsung pay $2 billion for infringement of five U.S. patents. Aggressive lawyering, the hyperbole - we could have sued on 50 patents and the judge has instructed you ... (when Judge Koh hadn't), an embarrassing "Holy war" email, each companies unabated ambition to be #1, and the billions at stake suggest this trial (like the first trial) will go to judgment.

See Joe Mullin's Apple lawyer to jury: Samsung "crossed into the dark side"

Copyright © 2014 Robert Moll. All rights reserved.

Apple v. Samsung - News Coverage August 6 - 10, 2012

If you are interested in what happened last week in the Apple v. Samsung patent infringement trial:

August 6, 2012:

Disruptions: At Its Trial, Apple Spills Some Secrets - NY Times

Apple expert says Samsung infringed patents but gets relentless grilling in court - San Jose Mercury News

August 7, 2012:

Apple witness: Samsung copied patents - SF Chronicle

The iPhone patent Steve Jobs particularly cared about - inertial scrolling - Network World

Apple product design witness says Samsung infringed patents - Washington Post

August 8, 2012:

Apple-Samsung patent trial: 'I mistook one for the other,' designer says - San Jose Mercury News

Payback: Samsung says Apple destroyed evidence - CNET

August 9, 2012:

Apple patent trial: Samsung scrutinised iPhone to improve Galaxy - ZDNet

Samsung's Analysis of iPhone Hits Trial File - WSJ

August 10, 2012:

Apple Licensing Offer to Samsung Quantified in Patent Case - WSJ (blog)

Copyright © 2012 Robert Moll. All rights reserved.

Apple v. Samsung - News Coverage July 30 to August 3, 2012

If you are interested in what happened this week in the Apple v. Samsung patent infringement trial:

August 3, 2012:

Trial gives a sneak peek into Apple's inner workings - CNN Tech - Thanks for the link Alan Cooper!

Apple v. Samsung: Apple says Samsung free-riding on $1 billion in marketing - ars technica

Tough talk for Samsung's lawyers, but no sanctions - ars technica

August 2, 2012:

Apple seeks sanctions against Samsung - ZDNet

Apple wants dismissal, winning verdict in Samsung case for evidence leak - ars technica

Apple Says It Will Seek Sanctions Over Samsung Statement - Businessweek

Samsung loses its bid to use 'critical' evidence in patent trial against Apple - Washington Post

August 1, 2012:

Apple wants Samsung punished for leaking rejected evidence to jury - ars technica

Apple-Samsung trial involves design - SF Chronicle

Patent Dispute: Apple claims Samsung stole iPhone technology - Christian Science Monitor

Apple asks court to punish Samsung for releasing documents in iPhone suit - Computerworld

July 31, 2012

Apple to jury: iPhone changed everything-- then Samsung built knockoffs - ars technica

July 30, 2012

Apple v. Samsung jury selection cuts one Apple employee and a Googler - ars technica

Copyright © 2012 Robert Moll. All rights reserved.

Apple v. Samsung - Trial Briefs and News Articles

The Apple v. Samsung patent infringement trial starts next week. Each party accuses the other party's smartphones and tablets of infringement of U.S. patents.

For details and the trial briefs, see the following articles:

WSJ Law Blog: The Apple-Samsung Trial: What Apple Will Attempt to Prove and The Apple-Samsung Trial: What Samsung Will Attempt to Prove

Law.com Tablet Takedown: Apple-Samsung Patent Spat Headed to Trial

WSJ article: Apple v. Samsung: The Patent Trial of the Century

NY Times: Apple-Samsung Patent Battle Shifts to Trial - updated July 29

Copyright © 2012 Robert Moll. All rights reserved.

Apple v. Samsung - The Battle over Damages

Joe Mullin's article Apple v. Samsung: hammering out details before a giant patent battle explains what happened at the pretrial hearing and the factors that may have prevented a settlement earlier this year. Huge money is at stake (e.g., several billions), the parties have different positions on damages and patent rights, and the outcome of this trial may be the tipping point on who is the long term dominant player since they currently share 54% of the market for mobile computing devices.

Barring settlement, the Apple v. Samsung trial will begin the third major mobile computing case to be heard in 2012. The first Oracle v. Google, covered in my blog posts (blog search: Oracle v. Google), resulted in Google winning both the copyright and patent trials. Judge Posner cut off the second case by dismissing Apple v. Motorola with prejudice. Both cases are on appeal to the Federal Circuit.

A damage award is intended to place a patent owner in the same economic position it would occupy if the infringement had not occurred. Here are some of the highlights on the damage cases:

• Apple seeks $2.525 billion in damages (mostly based on lost profits) for Samsung's "illegal copying" of Apple's utility and design patents, but it's not clear if Apple bases damages on the smallest unit containing the accused functionality
• Apple says Samsung's royalty rate of 2.4 percent of the entire device (e.g., an iPhone) for its wireless standard essential patents is far too high
• Apple offers about 1/2 a cent for each infringed standard essential patent (SEP), because a reasonable royalty should be based on the smallest unit containing the accused functionality (e.g., $10 baseband processor) rather than the entire device
• Samsung says Apple’s 1/2 cent per patent is ludicrous, because without Samsung's SEPs Apple would not have a functioning iPhone
• Samsung argues Apple is attempting to stifle competition, limit consumer choice and maintain its historically exorbitant profits

At this time, Apple's damages case makes more sense, but since Judge Koh plans to keep the Apple and Samsung cases together and has promised to make the trial public as possible we should learn more if the trial proceeds. 

Copyright © 2012 Robert Moll. All rights reserved.