Apple to seek $3 billion in damages from Samsung - report

Posted:
in General Discussion edited January 2014
Though a jury suggested Samsung pay Apple just over $1 billion for patent infringement, the iPhone maker plans to ask a judge for three times that amount, according to a new report.

Citing "multiple legal sources," The Korea Times reported on Wednesday that Apple's legal representatives plan to ask U.S. Federal Judge Lucy Koh for $3 billion in damages from Samsung. When a jury determined in August that Samsung had infringed on Apple's patents, it recommended damages be paid to the tune of $1.05 billion.

A "reliable source" quoted in Wednesday's story said Apple will request from Koh that Samsung pay more than $3 billion. A hearing between the two companies is scheduled for Sept. 21.

"The decision means Apple wants to quickly address the harm that Samsung's infringing products are said to be causing," the source reportedly said. "As has been the case throughout this trial, Apple is pressing its full advantage over the jurors' decision."

Hearing Order
Filing deadlines in the ongoing dispute between Apple and Samsung.


If Apple does in fact choose to ask for $3 billion in damages, it would be the largest ever payment sought in a technology patent dispute.

While Apple is apparently set to seek a record amount of money, Samsung is hoping it will be able to convince the judge to toss out the jury's ruling. The company has also vowed to appeal in court.
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Comments

  • Reply 1 of 118


    it's a bad time to be an apple hater.

  • Reply 2 of 118
    That is 30% of Samsung's total cash. It's gonna be a world of hurt
  • Reply 3 of 118
    neo42neo42 Posts: 287member


    Feels like Apple trying to set the stage for an industry wide antitrust lawsuit.  Playing with fire, IMHO

  • Reply 4 of 118
    jragostajragosta Posts: 10,473member
    neo42 wrote: »
    Feels like Apple trying to set the stage for an industry wide antitrust lawsuit.  Playing with fire, IMHO

    Really? What antitrust issues are you imagining?

    Apple doesn't have a monopoly, but even if they did, enforcing your patents does not set you up for an antitrust suit (other than very rare circumstances that don't apply here).
  • Reply 5 of 118
    jragostajragosta Posts: 10,473member
    Though a jury suggested Samsung pay Apple just over $1 billion for patent infringement, the iPhone maker plans to ask a judge for three times that amount, according to a new report.
    Citing "multiple legal sources," <em>The Korea Times</em> reported <a href="http://koreatimes.co.kr/www/news/tech/2012/09/133_120358.html">on Wednesday</a> that Apple's legal representatives plan to ask U.S. Federal Judge Lucy Koh for $3 billion in damages from Samsung. When a jury determined in August that Samsung <a href="http://appleinsider.com/articles/12/08/24/jury_reaches_verdict_in_apple_v_samsung_trial.html">had infringed</a> on Apple's patents, it recommended damages be paid to the tune of $1.05 billion.

    Well, duh.

    The jury found that Samsung willfully infringed on Apple's patents - and the testimony was quite clear in that respect. Since their actions were clearly willful, Apple would be foolish to not ask for treble damages.

    In fact, I suspect that they're asking for even more. For example, I fully expect Apple to ask for a Rule 50 determination on the Tab (if they haven't already done so). If successful, that would add the Tab to the infringing items list and would increase the amount of damages.
  • Reply 6 of 118
    Just keep running with the torch. Let them all eat your dust.
  • Reply 7 of 118
    Go Apple. Get all you can out of those thieves.
  • Reply 8 of 118
    sricesrice Posts: 113member
    Apple obviously wants to get iPhone 5 in the hands of the Mars Rover so it can call home.
  • Reply 9 of 118
    Samsung needs to hire better lawyers, they got lots of bad advise and continue to bleed over this.

    In reality, Samsung has far more to loose than just this case, as it was pointed out, Samsung success over the yrs was base on their ability to be vertically integrated and coping the most compelling design and cranking them out fast than any competitor. If they flat our loose this case with Apple it will open the door for other companies to come at them base on what the Apple case laid out about Samsung design practice (or the lack there of).
  • Reply 10 of 118
    Sounds like "thermonuclear" to me ;-)
  • Reply 11 of 118
    red oak wrote: »
    That is 30% of Samsung's total cash. It's gonna be a world of hurt

    That's kind of the idea. Samsung was attempting to make their cash off infringement amd lied about not looking at the iphone during their design process etc, the punishment needs to hurt so they don't do it or even consider it again.
  • Reply 12 of 118
    neo42 wrote: »
    Feels like Apple trying to set the stage for an industry wide antitrust lawsuit.  Playing with fire, IMHO

    Based on? Enforcing IP rights over patents they are not required to license as they are not SEP? That's not antitrust.

    Contrary to Googles 'de facto standard' nonsense, Apple's inventions are not standards in a legal sense, in contrast to the patents Samsung sued them over. Those were not only SEP but had been exhausted by the chip makers licensing in order to make the chips. Samsung's games could perhaps fall into antitrust realms, but nothing about Apple's moves does. Not even requesting that Koh consider trebling the damages
  • Reply 13 of 118
    jungmarkjungmark Posts: 6,569member

    Quote:

    Originally Posted by Neo42 View Post


    Feels like Apple trying to set the stage for an industry wide antitrust lawsuit.  Playing with fire, IMHO





    Apple doesn't have a monopoly. (Remember: Android is "winning".) The patents in question aren't SEP.

  • Reply 14 of 118
    Seriously, Samsung just doesn't seem to get it, and they're still at it. Imagine if they had put their resources into actually developing their product instead of blatantly copying Apple. When Apple introduced the iPhone Steve Jobs stood right there on stage and said as plain as day that they'd defend their product.

    Now, not only does Samsung face potentially paying out 3 Billion, but they are losing Apple's business too. And the worst part of it for Sammy is that, although Apple won this huge case and is getting a ridiculous amount of money from it, Samsung has created a self-image of being a school yard bully picking on the smart kid everyone likes because he's jealous, and is getting just what he deserves. It'll be interesting what Koh decides on this, I'm sure she'll at the very least old Samsung to the 1.05 billion. She might also grant Apple's request, or at least part of it (if possible) as a consequence for Samsung's media release of documents no allowed during the trial.
  • Reply 15 of 118


    Apple should take that money -- if it's granted -- and create/fund something like Bell Labs with it.

  • Reply 16 of 118
    jragostajragosta Posts: 10,473member
    kaioslider wrote: »
    I'm sure she'll at the very least old Samsung to the 1.05 billion. She might also grant Apple's request, or at least part of it (if possible) as a consequence for Samsung's media release of documents no allowed during the trial.

    That's one of the interesting things about the way the jury questionnaire was set up. Koh now has an almost unlimited ability to determine damages. She can issue a Rule 50 order adding the Tab. She can order treble damages or not on a product-by-product basis if she wishes. She can drop damages on specific products. Final damages could range from $0 (if Samsung wins the appeal) to close to $4 M (if Apple wins all of its arguments).
  • Reply 17 of 118
    jragostajragosta Posts: 10,473member
    Apple should take that money -- if it's granted -- and create/fund something like Bell Labs with it.

    Why would they do that? They already have the equivalent of Bell Labs working for them.
  • Reply 18 of 118
    My sense is this amount would include the punitive damages for intentional infringement which the jury concluded, not actual damages. The jury explicitly determined that Apple's initial damages request was not supported by the evidence during trial, and the court is therefore unlikely to disagree on this point by increasing the amount of actual damages.

  • Reply 19 of 118

    Quote:

    Originally Posted by Fithian View Post



    Sounds like "thermonuclear" to me ;-)


     


    This strategy, at this pace, is more or less what Jobs had planned. Cook is making good on Jobs' vision, whether it's to do with patents or other things. 

  • Reply 20 of 118


    Wise of Apple to source other suppliers before Samsung files for bankruptcy.

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