At upcoming trial, Apple wants Samsung to pay $40 per device for five patents

“I have sometimes, maybe even quite often, but not always agreed with Apple. And I have disagreed with Apple on more occasions than parts of the Android and open source communities have acknowledged,” Florian Müller writes for FOSS Patents. “Now that I have obtained the public transcript (which you can find at the end of this post) of a January 23 hearing held by the United States District Court for the Northern District of California on Apple and Samsung’s motions to toss each other’s damages theories, I face the first situation in which I don’t merely disagree with Apple but am rather wondering whether it has lost its mind.”

“Apple’s damages theory for the trial that will begin in less than three weeks (on March 31) is an objective insanity, and I say so even though Judge Koh allowed Apple to present it to the jury,” Müller writes. “A damages expert will argue on Apple’s behalf that, if the parties had acted reasonably and rationally in a hypothetical negotiation, Samsung would have agreed to pay $40 — forty dollars! — per phone or tablet sold as a total royalty for the five patents-in-suit, which relate to (but don’t even fully monopolize) the phone number tapping feature, unified search, data synchronization, slide-to-unlock, and autocomplete. The theory is that Samsung would simply have raised its prices accordingly.”

“I can understand that Apple, almost three years after having filed its first lawsuit against Samsung, is disappointed with the fact that it has no enforceable remedies in place in the United States,” Müller writes. “But seeking out-of-this-world damages based on bizarre theories of what a hypothetical negotiation would result in is not the answer.”

Read more in the full article here.

MacDailyNews Take: Since “justice” is never served and Samsung continues to rip-off Apple’s IP left and right, why not just ask for the moon? What difference does it make when justice delayed is justice denied?

Samsung has reaped billions upon billions of dollars already off of Apple’s IP. Apple will never see anything close to it returned even if this stupid, interminable “legal process” ever ends. In our opinion, Apple should have asked for $400 per device. At least that way, they’d be somewhat closer to recouping all that has been stolen from them by the despicable Samsung.

It’s now March 2014. Samsung has been ripping off Apple’s iPhone for six years. Years. Not months. Six years in tech time is an eternity. What has this joke of “justice system” done to deliver justice to Apple? Zilch. So, at this point, Florian, seriously, WTF is the difference what Apple asks for?

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