Apple and Samsung entered a new damages retrial this week, to determine the amount of money that Samsung must pay for copying key iPhone features and design elements.
During opening statements, Apple asked for $379 million in damages, while Samsung suggested it should only pay $52 million. “Apple is simply asking for much more money than it’s entitled to,” said Samsung attorney William Price (via CNET).
According to Apple attorney Harold McElhinny, Apple’s figure is based on lost profits of $114 million, Samsung’s profits of $231 million, and royalties of $35 million.
Apple estimates it would have sold 360,000 devices if Samsung hadn’t released infringing rivals. He noted that Samsung sold 10.7 million infringing devices, generating $3.5 billion in revenue.
“In a fair fight, that money should have gone to Apple,” McElhinny said.
Last year, Samsung was ordered to pay Apple a total of $1.05 billion after a jury found the South Korean company guilty of willfully violating multiple Apple patents. Back in March, Judge Lucy Koh struck $450 million from the $1 billion awarded to Samsung after deciding the jury may have miscalculated the damages due to a misunderstanding of patent issues.
The retrial, which is ongoing, may see Apple call witnesses like marketing chief Phil Schiller and former senior vice president of iOS software Scott Forstall, who was ousted from the company in late 2012. It appears the retrial may ultimately benefit Samsung, as Apple’s $379 million request is significantly lower than the nullified $450 million award, though Samsung is also responsible for the $600 million that was not struck from the first jury decision.