In opening statement Samsung lawyer admits company sold Apple’s property, owes ‘huge sum of money’

“In his opening comments of the patent damages retrial, Samsung’s attorney Bill Price told the jury a very different story about his client’s patent infringement, admitting guilt and acknowledging the price would be high,” Daniel Eran Dilger reports for AppleInsider.

“According to trial live blog by Howard Mintz of the San Jose Mercury News, Apple’s attorney Harold McElhinny opened with remarks today outlining the significance of five patents Samsung was found guilty of infringing in the landmark trial last fall,” Dilger reports. “McElhinny’s opening remarks added, ‘this trial about a single question: what damages must Samsung pay Apple for violating its intellectual property rights. Samsung sold 10.7 million infringing products. Samsung, the company that broke the law, took in $3.5 billion. You will decide how much of that $3.5 billion will be returned to Apple.’ Apple is seeking $113 million in lost profits for 360,000 iPhones the company believes it could have sold without competing against its own work, another $231 million in improper profits collected by Samsung on its own sales, and $34 million in patent royalties for the intellectual property Samsung infringed, a total of $379 million.”

Dilger reports, “Representing Samsung, attorney Bill Price countered in his own opening remarks, ‘Apple is simply asking for much more money than it’s entitled to.’ During the trial and long afterward, Samsung’s representatives contended in public comments to the media that the case revolved mainly around Apple claiming to own ’rounded corners.’ However, in the retrial hearing Samsung’s case shifted its tack dramatically. ‘This is a case not where we’re disputing that the 13 phones contain some elements of Apple’s property,’ Price admitted, adding, ‘that doesn’t mean Apple gets to come in here and ask for a windfall …for more than it is entitled.’ Mintz paraphrased the conclusion of Price’s opening comments, writing: ‘What are the correct damages under the law? If you do that without bias, you come back with a ‘huge sum of money,’ but that sum is $52 million, not $379 million.'”

Read more in the full article here.

63 Comments

      1. You know, you really are a kind of language maven. I find that fascinating in a technophile that is not also rigid about font design and the like. There is a refreshing purity to just plain social communication without the Asperger syndrome exhibited by a number of habitual MDN commenters.

        1. “There is a refreshing purity to just plain social communication…”

          You complain about adhering to clarity in the written language, and then post the above.

          Maybe I’m a bit slow, and you posted this contradiction on purpose, as a joke?

        2. I have been striving to overcome my tendency to be critical of others. It is a work in progress.

          “A kindly tongue is the lodestone of the hearts of men. It is the bread of the spirit, it clotheth the words with meaning, it is the fountain of the light of wisdom and understanding.”

          ― Bahá’u’lláh

          1. “I have been striving to overcome my tendency to be critical of others. It is a work in progress.”

            Thank you. I’ve butt heads with you several times with this. One may not be impressed by people who express themselves using colorful language but that freedom of expression is overall a valuable thing.
            Good luck.

    1. Let’s see, 10.7 million infringing items times $400 per item, times .35 profit margin…

      I come up with $1.498B in compensatory damages. But Samsung admits they violated patent law in copying Apple, so Apple is entitled to punitive damages. So, let’s say we triple the damages to $4.494B. That sounds about right to me.

  1. Sorry, posted too quickly, based on article title.

    I would argue that Samsung wouldn’t have sold those phones at all without Apple’s technology, and so should hand over the full revenue earned in compensation. Anything less merely encourages this behavior in the future.

    1. How about this deal… Ban iPhones in Korea… And ban Samsung Phones in USA…

      Hows that Mr. Price… That would be a better deal…

      And it would allow the HTC, Sony, Moto and even MSFT/NOKIA to get a foothold…

        1. We are tangled up in Korea due to the trade deals. It won’t happen. Things with Samsung will be smoothed out. They are a supplier, and you have to pick your battles.

          Google and the Street are Apple’s primary nemeses for the foreseeable future.

  2. Wow, just wow. We totally and willfully stole your stuff and made boatloads of money. We know you spent millions upon millions of dollars, untold amounts of man hours, rigorous testing, numerous iterations on designs to get it “just right”, you guys put your heart and soul into it and even put your company on the line to try something new that none of us had the balls to do.. And we came in and copied it all in a matter of months. LOLZ .. but we just don’t see why we should pay enough to make us not do it again.

  3. I’m sorry but I don’t look at this at all sympathetically. Once upon a time when Apple was a truly innovative company, its claims for patent infringement might have held water but iOS 7 negates any argument that Samsung is copying Apple.

    Apple is the main culprit here copying the Samsung TouchWiz interface and Android pull down notification shade for its iOS 7 implementaiton which explains why iOS 7 looks as awful as Android. But that’s Ive’s lack of creativity for you. The entire iOS 7 design phase was delegated to the marketing department which is why you get the dross you get now. Everything’s copied in Apple-land nowadays, starting with the worse than awful iOS 7.

    I predict that the case will be dismissed with zero damages awarded to either side. Sad but true.

    1. I honestly don’t know where you get the idea that iOS is stolen material. I compared screenshots of every version of Android with just iOS 7 and they look completely different in every way. I’m not sure where you are going with this.

      1. He/She is just on the iOS looks like Android bandwagon. I’ve got two Android devices and they look nor act anything like Android besides the notification drop down thingy. I will give them that but ya.. Bandwagon on ya’ll!

      2. iOS 7 copied the following conceptual designs from TouchWiz and/or Android:

        1) All white background – a Google design innovation which started from their web search engine and transposed to Android.
        2) Round contact photos – a Google+ feature.
        3) Pull down notification shade – Android feature.
        4) Flat lifeless icons – Android had it first.
        5) Flat text navigation panes – Android first.
        6) Cryptic hard to understand navigation cues – another Android first.
        7) Worse than shit user experience – definitely borrowed from Android

        1. Ehh, well one out of 7 ain’t bad.

          1) A design innovation? Really? Well just so ya know, Ives been doin white all his life. Lol.

          2) Google invented circles with pictures of people in them and no one is allowed to do that. OK?

          3) Totally agree

          4) Ive seems to hate Skeumorphism so gone now are the glossy overlays and we have new designs for all of Apples own icons. Samsung’s toucwizz icons have depth, shadowing, sometimes overly busy icons of various shapes and sizes and typically ape Apples old icons. Not sure where your getting your info from.

          6) Ah yes let’s add options in there. Running out of ideas?

          7) Wow, more subjective opinion. Guess your really out of ideas, huh?

          1. If anything…

            Android is a rip off of the Jail-Broken iPhone developers…

            So you could say Google and Apple stole from THEM…

            But the basic interface/actions/multi-touch are Apple tech.

        2. @ iOS 7 is copied material – stope using the internet while drunk!!! That or you’re a little baby boy with the knowledge of a peanut and should go back to mommy to get the poop in your pants cleaned up. I know its sad, but one day you’ll be potty trained and feel better about life. wish you a better experience and perspective!

        3. All white background, clean typography and simple navigation?

          Apple started it. Have you never seen the Apple website? Been all white for years. Apple started this trend with the Macintosh, and are really just getting back to it after a flirtation with skeumorphism.

          Google has always wanted to be Apple. Just as MS has. Just about any taste in technology whatsoever pretty much owes its existence to Apple.

    2. Do you have to hire someone to remind you to breathe? This is close to the stupidest fscking thing I’ve ever heard. Android was copied COMPLETELY from iOS. How can iOS ever be a copy of Android, regardless?

  4. To paraphrase a great song: “I’m gonna take you to the Google Store, I’m gonna take you to the Google Store! We’re gonna start a war! A thermonuclear war! At the Google Store, Google Store, Google Store!”

    1. Common Jubei…

      Let’s be fair… No Samsung Smartphones/Tablets allowed in the US… and no iPhones allowed in Korea…

      There… skip all this thing about fining…

      And why Intel cant get over the fact they lost to ARM-architecture… build chips for Apple already… and not jus these small volumes of ARM.

      1. It’s called “estoppel”.

        es·top·pel
        eˈstäpəl
        noun LAW

        1. the principle that precludes a person from asserting something contrary to what is implied by a previous action or statement of that person or by a previous pertinent judicial determination.

  5. Attorney – Your honor, yes my client stole $20,000 from the bank, but the bank is only entitled to get $300 of that money back.

    Pay millions to make billions. Why would Samsung EVER do anything different?

  6. Did anybody consider that maybe Apple have come up with iOS 7 design ideas independently, without any cues from Android? I’m sure we can’t say the same for Android. I’ll bet Android wouldn’t have the OS or hardware it has today had Apple not released the iPhone back in 2007. There are leaders and there are followers. Apple is a leader. Apple doesn’t invent a lot of stuff, but does package things in a wonderful way to make a great user experience. I can still hear SJ say back in 2007 something like, “There’s no iPhone-type product on the market today. What are our competitors waiting for?” Apple just came out with new stuff (iPhone) first, a gutsy move that paid off. Now the competitors wants a piece of the [Apple] pie.

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