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Apple outlines proposed damages of $2.5 billion or more in Samsung patent case

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Apple has outlined what it hopes to receive in damages from Samsung in an upcoming patent case, asking for $2.5 billion for past damages and significant royalties if Samsung continues to use designs it says it created.

Apple Store NYC West
Apple Store NYC West

After paring down the patents they'll be bringing to court later this month, Apple and Samsung have filed some more information, particularly on the damages they're expecting. FOSS Patents has published a partially redacted statement by Apple that outlines its views on Samsung's alleged patent infringement. Apple is asking for $2.525 billion to cover what it estimates is $500 million in lost profits, likely about $2 million from Samsung's "unjust enrichment," and $25 million for other "reasonable royalty damages." These damages could grow if Samsung is found to have willfully infringed the patents, and Apple argues that the company "chose to compete by copying Apple."

If Samsung is found to be infringing patents, Samsung could either be forced to stop selling products that use them or to license any remaining Apple patents. In case of the latter, Apple is asking for anywhere from $2.02 per unit for use of "overscroll bounce" techniques to $24 for using any design patents. Samsung has countersued Apple for some separate patents, but they must be licensed on far cheaper FRAND terms, and Apple suggests payment of no more than half a cent per unit for each. A settlement is still possible, and even if none is reached, the damages Apple could receive are up to the court. But with pre-trial meetings reportedly failing to lead to agreement, Apple is still asking for a fairly large recompense.