Apple claims a quarter of Samsung’s £19.4bn US sales result from infringements

By Peter Gothard
14 Aug 2012 View Comments

Apple and Samsung's ongoing legal drama, which is currently unfolding in federal court in San Jose, California, has seen Apple produce an accountant who, the company says, has calculated that Samsung owes it $2.75bn (£1.75bn) in damages to cover lost profits for infringing patents.

Terry Musika, testifying as an expert witness for Apple, citing Samsung sales records, told the court that Samsung had made an estimated £8.16bn (£5.2bn) between mid-2010 and March 2012 as a result of copied patents.

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Samsung came back with the reasoning that Apple, which was already struggling to keep up with consumer demand for the iPhone 4 during that time, could never have delivered on the extra sales.

Samsung's attorney, Bill Price, also stated that damages Apple sought should vary depending on the exact number of patents each Samsung product actually broke.

Price also cited documents belonging to Samsung that described the iPhone, on release in 2007, as one of four major factors defining mobile trends within the next five years.

It has also emerged that Apple has licensed technology patents to Microsoft, under the protection of an "anti-cloning agreement", to stop Microsoft copying the iPad or iPhone.

According to Apple patent licensing director Boris Teksler, the company had attempted to reach the same agreement with Samsung in 2010, but to no avail. The ensuing lawsuit was filed by Apple in April 2011.

Apple has finished giving evidence on its patent claims, and Samsung is now calling witnesses as the case continues.

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