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Thread: Apple Wants $2.5 Billion in Damages From Samsung, but Prefers a Ban Instead

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    Apple Wants $2.5 Billion in Damages From Samsung, but Prefers a Ban Instead


    This isn't Asus related news, but we thought it might be interesting for you guys to hear about what is going on in the crazyland world of Patent Wars. If there were any doubts about the vicious nature of Apple in these legal disputes against Samsung, they will probably be dispelled by this news. The Apple vs. Samsung legal fight has been raging across four continents, in 10 countries over 50 patent-based cases. In just the United States case, Apple has shared their "demands." Apparently, Apple believes it deserves $2.525 Billion dollars in damages from Samsung, but it would actually just prefer a sales ban on all of the alleged infringing products. Here's a breakdown of how Apple comes up with this number,
    • $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 (this is that look and feel patent)

    Here's a quote from Apple's legal brief:

    “Samsung adopted as its number one goal to [redacted]‘ in the smartphone and tablet markets, and it chose to compete by copying Apple. 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.”
    Here's a quote from Tim Cook, the CEO of Apple, on the matter,

    "We just want other people to invent their own stuff. Apple looks forward to a trial that will vindicate its intellectual property rights. Samsung must play by the rules. It must invent its own stuff. Its flagrant copying and massive infringement must stop.”
    Things get even worse from here. Apple claims that if they are infringing any of Samsung's patents then they only owe Samsung a paltry $0.0049 (or almost half a cent) for each infringement case, which amounts to about $2 Million dollars (and is probably actually less than that). This is because these patents are FRAND or standards essential patents and are thus under different rules in which a maximum amount can be set. In fact, Samsung never even enforced their patents on Apple previously, and only tried to use them after Apple started their lawsuit claiming that Samsung copied the look and feel of their designs. Samsung tried to negotiate a 2.4% per device rate for their patent, which was admittedly very high for a FRAND patent, but it was only in response to Apple's patent challenges. Sadly, this will make Samsung look bad in the court system, and in fact, they are being investigated for this by the EU.

    No matter how you slice it things are looking grim for Samsung all over again. If you follow Apple's train of logic it's not hard to reach a particular conclusion: They don't want anyone else in the smartphone and tablet market, and they believe they have a right to be the only ones there. Of course, that is just one perspective... share yours.

    Source: AndroidAuthority

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    Shockwave
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    My conclusion:

    Apple are a bunch of greedy (Imagine word here) and cant stand the fact that the will lose their shares of the markets, but doing it this way is just losing them customers like me, I have sworn to never buy an apple product again, not because of the OS or hardware, but because they are so dam greedy and cant stand defeat, I was actually considering a Mac of some sort until i saw one of these threads about their patents, so they potentially lost themselves a few hundred quid and im sure im not the only one
    datsun240z likes this.

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    Ratchet
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    I hear ya on that Wozz. I was seriously considering it myself, but I'm sticking with an alternative whether that be Android or Windows. I'm really interested in W8 and will probably be getting one next year.

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    Just imagine if there was an apple company trying this bs in the advent of internet or search engine. If this happened in invention auto mobiles how prehistoric would US be? Apple didn't invent a smartphone, tablet, GUI, OS, PC, laptop or mouse. They didn't invent the mp3 player. I would sure love to know if/ how much apple pays to other companies.

    I sure thought when google picked up moto they were going to drop a royal flush and pull out some patents that would lock up apple. Just how funny would that be? Some company out there may hold patents that could do major harm to apple.

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    Nokia seems to have some serious patent power, but they aren't too active in terms of taking people on it seems.

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    Ironhide
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    There was an interesting article I read yesterday that explained why Apple's war will never stop. It basically pointed out that something like 60% of Apple's revenue is iPhone dependent. They're already finding themselves getting passed by Android there.....and Android tablets could eventually catch up as well. Apple will become a much smaller company if Android sales really start expanding faster, based on the higher quality of ICS and JB, the latest versions, as the most recent phones are released. Further, that Apple's dominance came about partly due to the strength of their content ecosystem, and that once people commit to one environment or the other, they're less likely to switch. As such, it's vital to Apple to do whatever it can to disrupt the sales of these competing products, so consumers (as the smartphone and tablet markets expand) can only buy (and get hooked by) Apple products and ecosystem, rather than those created by Google, Samsung, etc.

    It makes sense. Cellphone contracts are long. I'm in the middle of a pretty typical 3 year Canadian contract. 19 months into it, my iPhone is having a tonne of problems and possibly needs replacing....yet my carrier is telling me that I'm not eligible to replace it for another 12 months.....so, if it completely dies, my choice is either get a freebie bottom line Android phone, or pay $200 to get out of the contract, and then buy the phone I really want.

    I'm sure there are many customers with similar stories. So, even though some of us are stuck with dysfunctional phones, we can't get out of our contracts without expensive penalties.

    Apple (and their competitors) depend on this kind of arrangement. Other customers out there may have phones that are working fine, but would still like to switch...but can't due to penalties.

    I do think the patent system should be overhauled. It's quite evident that it's being abused, and used as a tool to allow companies to fight each other in the market, rather than how it was intended, which was to protect innovators.

    I'm annoyed enough with Apple's antics at this point that I'd love to just ditch my phone if I could....as I don't want to support a company with this kind of behaviour....but, no dice.

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    Ironhide
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    Quote Originally Posted by MA83 View Post
    Nokia seems to have some serious patent power, but they aren't too active in terms of taking people on it seems.
    I have a suspicion it's a self-protective measure.....basically, stay out of the fight, and hope that if they don't challenge others, nobody will come after them.

    They're probably also in a weak enough state that they can't afford the distraction of getting dragged into a bunch of lawsuits.

    PAB5204
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