Mikey Campbell
In the ongoing Apple v. Samsung patent trial in California on Monday, a Samsung damages expert said Apple should be granted $38.4 million for all five alleged-infringed patents, far from the $2.19 billion Apple is seeking.
Samsung expert witness Judith Chevalier, an economics and finance professor at Yale University, said her calculations of reasonable royalty rates came out to 35 cents per patent per infringing device, reports CNET. If a lump sum payment were to be doled out to Apple, Samsung would pay around $38.4 million for more than 37 million devices.
"My analysis compensates Apple through a reasonable royalty and...I have determined Apple has not lost sales as a result of Samsung's practice of the patents," Chevalier said, explaining why she did not include damages for lost profits.
The number is leagues away from Apple's patent valuation arguments that put total damages at $2.19 billion for patents infringed between August 2011 and the end of 2013. That equates to an average $40 per infringing Samsung device.
"We have to conclude that the differences in profitability across these products is being driven by something else other than the practice of these patents," Chevalier said. "The value created by these products is really negligible."
On cross-examination, Apple attorney Bill Lee went after Chevalier's methods. In her evaluation, the Yale professor incorporated reviews from customers, one of which came from an iPhone user who claimed "Seerei" shot him with a gun.
Apple is asserting five patents against various Samsung products running Google's Android operating system, including "swipe-to-unlock," data detectors and universal search.
For its part, Samsung calls Apple's patent damages claims a "gross exaggeration" of their actual worth and has been presenting testimony in line with that thinking. Last week, Samsung experts presented studies that sought to prove Apple was "elevating artificially the importance" of certain features covered by the five patents.
Following Chevalier's testimony, Samsung rested its defense case and proceeded to call witnesses for a countersuit against Apple. The Korean company is leveraging two patents against a number of Apple products.
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Charles Martin
Malcolm Owen
William Gallagher
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90 Comments
“We din do nuffin’!"
“No, you did.”
“Okay, we did it, but what we did wasn’t wrong because they can’t protect it!”
“No, they can.”
“Okay, they can, but what we did isn’t as bad as what they said!”
Yes. It is.
[quote name="Tallest Skil" url="/t/178736/samsung-expert-says-apple-patents-worth-38-4m-not-2-2b#post_2520237"]“We din do nuffin’!" “No, you did.” “Okay, we did it, but what we did wasn’t wrong because they can’t protect it!” “No, they can.” “Okay, they can, but what we did isn’t as bad as what they said!” Yes. It is. [/quote] It's how all crime drama interrogations unfold with the less intelligent criminals. First they claim to have no idea what the detectives are talking about. Then once they are caught they finally admit they did know or see whatever was previously mentioned but that they didn't know them that well or see much of anything. The only part that is different is when they get pinned for the murder (usually) they finally come clean about some other bad crime they were committing that is less than murder.
“We din do nuffin’!"
“No, you did.”
“Okay, we did it, but what we did wasn’t wrong because they can’t protect it!”
“No, they can.”
“Okay, they can, but what we did isn’t as bad as what they said!”
Yes. It is.
It's how all crime drama interrogations unfold with the less intelligent criminals.
First they claim to have no idea what the detectives are talking about. Then once they are caught they finally admit they did know or see whatever was previously mentioned but that they didn't know them that well or see much of anything. The only part that is different is when they get pinned for the murder (usually) they finally come clean about some other bad crime they were committing that is less than murder.
They are waiting for the plea bargaining phase.
[quote name="snova" url="/t/178736/samsung-expert-says-apple-patents-worth-38-4m-not-2-2b#post_2520247"]They are waiting for the plea bargaining phase. [/quote] Maybe Samsung will turns state's witness against Sony. ;)
[quote name="SolipsismX" url="/t/178736/samsung-expert-says-apple-patents-worth-38-4m-not-2-2b#post_2520245"] It's how all crime drama interrogations unfold with the less intelligent criminals. First they claim to have no idea what the detectives are talking about. Then once they are caught they finally admit they did know or see whatever was previously mentioned but that they didn't know them that well or see much of anything. The only part that is different is when they get pinned for the murder (usually) they finally come clean about some other bad crime they were committing that is less than murder.[/quote] Every criminal needs to watch The Usual Suspects to learn how to deal with interrogations. ;)