Samsung and Apple have locked horns again, as Samsung has said that it owes Apple $52 million instead of the $380 million that Apple claims.
As you might be aware, an American judge declared that Samsung electronics had violated certain patent protocols and copied vital features of the iPhone and iPad, such as scrolling and the 'bounce back' function at the end of documents.
The companies made their demands on Wednesday during opening statements of a patent trial in San Jose, California. The issue at hand here is a set of 13 older products which a previous jury found infringed upon several Apple patents. The previous jury, awarded Apple $1.05 billion after determining 26 Samsung products had violated six Apple patents.
However, a judge made the startling revelation that the previous jury miscalculated $400 million in damages for 13 products and has ordered a new trial to come to the correct figure.
“Apple lost sales because Samsung was selling infringing products,” Apple attorney Harold McIhenny told the jury. He argued that Apple’s lost profits, Samsung’s profits on the offending devices and royalties owed Apple, add up to $380 million. “In a fair fight, in a fair competition, the money they got would have and should have gone to Apple ", said McIlhenny.
In response, Samsung's attorney Bill Price added that consumers prefered Samsung's devices, which operate with Google's Android OS, because of the many differences rather than the similarities they have with Apple. Price told jury that Samsung owes Apple $52 million.
“Apple is simply asking for much more money than it’s entitled to", said Price.
Price accepted that Samsung was guilty of copying Apple's features, but downplayed the aspect of technology in devices. “This is a case not where we’re disputing that the 13 phones contain some elements of Apple’s property,” Price said. “That doesn’t mean Apple gets to come in here and ask for a windfall … for more than it is entitled.”
The current trial is a dispute over older products, which are not even on sale in the U.S. Another trial is scheduled again in March over Samsung's devices currently in the U.S.
Apple has argued with courts around the world that Samsung's Android based phones have copied Apple's technology, while Samsung is fighting back with its own reasons that some key Apple patents are invalid and Apple has infringed upon Samsung's technology.
Both have won and lost legal battles over the past couple of years. and analysts predict this feud to carry on for months to come.
The current trial could be a warm-up for bigger things to come in March. Apple is asking Samsung to be boycotted from selling some of its current devices in the U.S.