CC image courtesy of samsungusa, on Flickr.
Samsung has conceded it does owe damages to Apple concerning 13 patent infringements, but claims they amount to US$52 million rather than the US$379.8 million wanted by its rival.
The latest court case involving the patent battles between the two smartphone giants and will end with a jury deciding how much more Samsung must pay Apple.
The case follows a ruling in August 2012, which found Samsung infringed on 28 Apple patents and found US$1.05 billion should be paid to the American company.
US$639 million of that has not been disputed, but Samsung do not agree with Apple’s valuation of the remaining 15 patents.
The Guardian reports Bill Price, Samsung’s attorney, saying in a San Jose courtroom on Wednesday: “This is a case not where we’re disputing that the 13 phones contain some elements of Apple’s property.
“That doesn’t mean Apple gets to come in here and ask for a windfall … for more than it is entitled.”
Apple’s attorney Harold McIIhenny argues that the combination of lost Apple profit, Samsung’s profits on the infringing devices and royalties owed to Apple comes to US$380 million.
“In a fair fight, in a fair competition, the money [Samsung] got would have and should have gone to Apple.”
Price argued that Samsung’s success was less down to the respective patents and more to do with consumers preferring Google’s Android operating system which runs on Samsung devices.
The Samsung devices concerned in the trial are Captivate, Continuum, Droid Charge, Epic 4G, Exhibit 4G, Galaxy Prevail, Galaxy Tab, Gem, Indulge, Infuse 4G, Nexus S 4G, Replenish, and Transform.
