Recent court filings in the ongoing U.S. patent and design dispute between Apple and Samsung have revealed that Apple is demanding $2.5 billion in damages from the Korean company over alleged infringement of its design patents, FOSS Patents is reporting. The source points out that the largest part of Apple’s $2.5 billion claim is related to Apple’s demand for a “disgorgement of Samsung’s total profits” with products that infringed its design patents. However, once Apple collects all of Samsung’s profits on an allegedly infringing device, it can’t claim a “reasonable royalty” on those devices.
According to the filing:
“Samsung’s infringing sales have enabled Samsung to overtake Apple as the largest manufacturer of smartphones in the world. Samsung has reaped billions of dollars in profits and caused Apple to lose hundreds of millions of dollars through its violation of Apple’s intellectual property. Apple conservatively estimates that as of March 31, 2012, Samsung has been unjustly enriched by about [redacted; presumably $2 billion] and has additionally cost Apple about $500 million in lost profits. Apple also conservatively estimates that it is entitled to over $25 million in reasonable royalty damages on the proportionately small set of remaining sales for which it cannot obtain an award of Samsung’s profits or Apple’s own lost profits, for a combined total of $2.525 billion.”
Below are the per-unit royalties that Apple calculated for its different intellectual property rights-in-suit:
- $2.02 for the “overscroll bounce” (or “rubber-banding”) ‘318 patent
- $3.10 for the “scrolling API” ‘915 patent
- $2.02 for the “tap to zoom and navigate” ‘163 patent
- $24 for use of any of Apple’s design patents or trade dress rights
The source also notes that $2.5 billion amount could increase further as Apple argues that Samsung “willfully infringed” its design patents.