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Samsung miffed that Apple is seeking 'vastly greater damages' for the patent infringement case retrial

Posted: , by Daniel P.

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Samsung miffed that Apple is seeking 'vastly greater damages' for the patent infringement case retrial
This coming November is scheduled to see damages retrial in the epic Apple vs Samsung patent infringement case. Samsung is now seeking to postpone this schedule, in an effort to find more proof for Judge Koh to stay the case, and put a damper on Apple's efforts to add more money to the verdict.

One of the arguments is that Apple is looking for "vastly greater damages" now, compared to the roughly $1 billion awarded to it by the jury last August. This is by no means a small amount of money, yet is actually just 40% of what Apple originally requested as damages. In the motions and appeals following the trial, the judge upheld roughly $650 million in damage awards, leaving roughly $400 million up for grabs on the retrial, which can be increased or lowered by the jury.

Unfortunately, Apple's damage expert passed away during the process, and Cupertino now has a new expert, who filed a damage report of her own, which she allegedly deems comfortable defending in court, and which Samsung started hating on right away:


By way of example, and without limitation, Ms. Davis's new report: (a) improperly changes the design around periods; (b) includes new per-product damages calculations, which Ms. Davis calls 'incremental profits'; (c) includes 42 alternative damages calculations hinging on different assumptions; and (d) includes extensive commentary on new evidence and trial testimony.


All in all, good news for Apple so far in trying to squeeze some more money out of this high-profile patent infringement case against Samsung. and we are all ears for the next moves by the Koreans while trying to wiggle out of the retrial as scheduled.

source: FOSSPatents

31 Comments
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posted on 02 Jul 2013, 07:06 19

1. bloodline (Posts: 691; Member since: 01 Dec 2011)


"All in all, good news for Apple" Yet apple can copy android in io6 without repercussions, makes me sick

posted on 02 Jul 2013, 07:19 13

6. zero1 (Posts: 12; Member since: 17 Jun 2013)


I hate apple and their Igarbage 5
They should stop doing that to Samsung and start developing their Ibitch 5s to make it better than the s4
Apple only cares about how to get money.

posted on 02 Jul 2013, 07:27 5

7. darkkjedii (Posts: 10614; Member since: 05 Feb 2011)


All businesses only care about how to get money. That's the dumbest thing you could say, products are improved to get money, competition is intensified to get money. The larger your consumer base, the more money you make. Boy that was a dumb comment.

posted on 02 Jul 2013, 08:06 5

15. joey_sfb (Posts: 2787; Member since: 29 Mar 2012)


the devil is in the details. karma is a bitch we will see Apple crumble in their own doing soon enough.

posted on 02 Jul 2013, 08:27 2

16. darkkjedii (Posts: 10614; Member since: 05 Feb 2011)


Ok dude lol

posted on 02 Jul 2013, 14:39

30. zero1 (Posts: 12; Member since: 17 Jun 2013)


R u Igarbage fan go find itself life

posted on 02 Jul 2013, 07:57 4

12. androidfanboy (Posts: 162; Member since: 24 Jun 2013)


Ignore the apple fanboy

posted on 02 Jul 2013, 08:28 2

17. darkkjedii (Posts: 10614; Member since: 05 Feb 2011)


Ignore the android fanboy

posted on 02 Jul 2013, 09:19

25. quakan (Posts: 1160; Member since: 02 Mar 2011)


Having a b**** fit on PhoneArena are we?

posted on 02 Jul 2013, 07:14 2

2. Nathan_ingx (Posts: 3006; Member since: 07 Mar 2012)


Why would Samsung be miffed about the retrial making it's way on the bills.

posted on 02 Jul 2013, 07:34 3

11. darkkjedii (Posts: 10614; Member since: 05 Feb 2011)


Exactly. I think Samsung is well prepared for this trial.

posted on 02 Jul 2013, 07:15 8

3. PAPINYC (Posts: 2237; Member since: 30 Jul 2011)


Apple will lose, come 2015 they will join Blackberry. They need the lawsuits as, it will be their only revenue stream very soon.

posted on 02 Jul 2013, 07:28 2

8. darkkjedii (Posts: 10614; Member since: 05 Feb 2011)


Sure pap we feel you

posted on 02 Jul 2013, 07:57 5

13. PAPINYC (Posts: 2237; Member since: 30 Jul 2011)


Well, if it's not Mr Pōtātō Head?!
You can "feel me" all you want but, I don't swing [that] way.

posted on 02 Jul 2013, 07:19 5

4. zero1 (Posts: 12; Member since: 17 Jun 2013)


I hate apple and their Igarbage 5
They should stop doing that to Samsung and start developing their Ibitch 5s to make it better than the s4
Apple only cares about how to get money.

posted on 02 Jul 2013, 13:47

29. stealthd (Posts: 936; Member since: 12 Jun 2011)


I hate your garbage spammy comments.

posted on 02 Jul 2013, 07:19 6

5. zero1 (Posts: 12; Member since: 17 Jun 2013)


I hate apple and their Igarbage 5
They should stop doing that to Samsung and start developing their Ibitch 5s to make it better than the s4
Apple only cares about how to get money.

posted on 02 Jul 2013, 08:01

14. PAPINYC (Posts: 2237; Member since: 30 Jul 2011)


For some reason, I think you're on Sprint or one of its' many MVNO's??

posted on 02 Jul 2013, 07:30 2

9. darkkjedii (Posts: 10614; Member since: 05 Feb 2011)


Apple should sue Samsung for every dime it can get, and Samsung should counter sue apple for every dime it can get. That's the way of big business, capitalizing off your enemies. Let the judge handle her duties, that's what it will come down to.

posted on 02 Jul 2013, 08:53 4

18. PapaSmurf (Posts: 7766; Member since: 14 May 2012)


But the thing is if Apple is going to "make up" reasons ton get more money, then that's where it becomes a little out of hand... But nonetheless, I want to see what happens in November.

posted on 02 Jul 2013, 09:02

21. darkkjedii (Posts: 10614; Member since: 05 Feb 2011)


I think they'll both play hardball Smurf

posted on 02 Jul 2013, 10:26 1

26. rcl4444 (Posts: 38; Member since: 06 Oct 2012)


Yeah, OK to a point... however the majority of these trials around the world have gone against the company filing the lawsuit. So in reality the suits have not been warranted and so a waste of the court systems time - I'm sure there are far more serious cases they could be dealing with instead.

Sure, in business you look for anyway to get advantage over your rivals, so if a lawsuit lets you to push them out of your market space (through product injunctions) then that's what they'll try.

I just wish they'd all spend these billions instead on bringing further TRUE innovations to the market and let the better products speak for themselves.
....Oh sorry, I think that's called 'Free Market Economy' which clearly has become a dirty word in the Apple camp.

posted on 02 Jul 2013, 19:15

31. roscuthiii (Posts: 1786; Member since: 18 Jul 2010)


Except that these lawsuits only affect the consumers in the end. All company costs and expenses are passed on to us.

These cases tie up he courts... courts which operate on taxpayer money. So again, the people are paying for these suits in yet another way.
Also, with these cases taking up time on court dockets, it prevents more deserving cases from being heard.

The bottom line is that the only group that really benefits from these suits are lawyers.

posted on 02 Jul 2013, 07:33 1

10. darkkjedii (Posts: 10614; Member since: 05 Feb 2011)


Can't wait to read gadget80's comment.

posted on 02 Jul 2013, 08:53 1

19. PapaSmurf (Posts: 7766; Member since: 14 May 2012)


Lol me too. I'm surprised XperiaDroid hasn't raided the comment section so far.

posted on 02 Jul 2013, 09:03

22. darkkjedii (Posts: 10614; Member since: 05 Feb 2011)


I know huh lol

posted on 02 Jul 2013, 09:07 2

24. InspectorGadget80 (Posts: 6267; Member since: 26 Mar 2011)


woah.. and here u still support a Company that SUES/BANS others and doesn't like too compete.

posted on 02 Jul 2013, 08:59 1

20. piyath (Posts: 150; Member since: 23 Mar 2012)


American people always takes their country's side no matter what.. whether it is right or wrong, they always trying to grab some money from other inferior countries. But at the same time keeping biased unions such as UN, they are talking about world peace and equality. Korea is a emerging country. It is not near to America's budget even in dreams. But most of the Americans including this tech are trying to crush the emerging nations unfairly and trying to play one sided game here. But sadly no chance for that now. Because lots of small nations are emerging and they will soon surpass the US dominance fairly and competitively. I find it very annoying to read this kind or articles. Shame on you PA...

posted on 02 Jul 2013, 11:04

27. fwinst (Posts: 51; Member since: 08 May 2010)


Please do not make such broad and all encompassing comments. I am American, and I DO NOT support Apples claims. There are many of us that do not. Just as there are many people in other countries that do. I support competition. It's best for the consumer. That's why I also hope that HTC has found their way back to prominence. So, please keep the prejudice, and sabre rattling to yourself.

posted on 02 Jul 2013, 09:06 2

23. InspectorGadget80 (Posts: 6267; Member since: 26 Mar 2011)


Apple is just plan GREEDY and I'm sure they still haven't recived the patent fees from the last case. And Samsung is right only way for Apple too remain number one is too take all the billions from Samsung. This shows u how greedy and imcompitent Apple is too competition

posted on 02 Jul 2013, 13:02 1

28. Googler (Posts: 813; Member since: 10 Jun 2013)


So Tim doesn't bring about any new lawsuits, but expands old suits as much as insanely possible. Seems like a double standard.

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