Yesterday, Apple won another chance at permanently ending sales of 26 Samsung devices in the U.S. which it claims to have infringed on its patents and today, the company is making its case for why it believes it deserves $379 million more in damages from Samsung, since the Korean tech giant has maintained it should only have to pay $52 million, AllThingsD reports.
Apple lawyer Bill Lee noted that both sides agree that Samsung generated $3.5 billion in revenue by selling over 10.7 million infringing handsets during the time at issue in the lawsuit. “No one is trying to take all of their revenues away,” Lee said. “We have asked for approximately 10 percent of what they collected for infringing our products.” The percentage of revenue however is not how damages are determined, so Lee then took jurors through its math, including a portion of Apple’s lost profits, royalty for infringement of its patents and a portion of Samsung’s profits on infringing products.
“Documents don’t lie,” Lee said., beginning its closing argument in the case. Lee showed off pictures of the kinds of phones Samsung was selling before the iPhone, then pointed to various reports from inside Samsung as well as pictures of what Samsung’s phones looked like post-iPhone. “In some ways our best witness is Samsung.”
He made the case for one such patent, which covers the bounce-back effect that occurs when one scrolls and reaches the bottom of the page on an iPhone.“The bounce-back wasn’t narrow; it wasn’t insignificant,” Lee said. “It was serious.” He also rejected as “woulda, coulda, shoulda,” the contention that Samsung could have easily and quickly designed around Apple’s patents if it had to. “But they didn’t,” Lee contended.
The jury will receive the case later today, following Samsung’s closing arguments.