Apple is seeking US$2.5 billion in damages and more than $30 per device sold by Samsung for patent infringement, according to new court documents.
This is all part of the ongoing, global legal battle. Apple and Samsung have filed more than 30 lawsuits against each other across four continents. For example, Apple alleges that Samsung copied the slide-to-unlock technology of its iPhone and iPad devices.
Florian Mueller, writing for “FOSS Patents” (http://macte.ch/Z3JBJ) explains Apple’s latest move: “The largest part of Apple’s $2.525 billion claim, an amount of $2 billion, is related to Apple’s demand for a disgorgement of Samsung’s total profits with products that infringed its design patents. A disgorgement of profits is not available with respect to technical patents. But once Apple collects all of Samsung’s profits on an allegedly infringing device, it can’t claim a ‘reasonable royalty’ on those devices … The $2.525 billion amount could still increase. Apple argues that Samsung infringed willfully. As a result, some components of that overall figure could be tripled … This damages claim relates to past infringement. If the court granted Apple’s request for a permanent injunction against Samsung, infringement would end. If there are any infringements that the court identifies, but the court doesn’t grant Apple injunctive relief to stop those infringements, then the court will have to award Apple a reasonable royalty going forward — which has the effect of a compulsory license.”
