In a recent mobile phone patent infringement lawsuit between Apple and Samsung Electronics, Apple asked Samsung Electronics to compensate one billion US dollars.
According to a review of the federal district court in San Jose, California, Samsung Electronics infringed on Apple's three design patents and two utility patents.
One of the basic questions involved in this trial was: Does Samsung pay compensation based on the total amount of the handset or only on infringing parts? Samsung believes that it should only be based on the allegedly infringing parts and hopes to control the amount of compensation within 28 million US dollars.
On Tuesday, Apple's attorney, Bill Lee, said: 'The lawsuit will last for a long time. What Samsung should do is decide how much it will cost to Apple.'
Bill said that Samsung’s mobile phones that infringed on Apple’s patents had sold millions and created $3.3 billion in revenue and $1 billion in profits. This does not include Samsung’s infringement of Apple’s two utility patents.
In one trial in 2012, Samsung was required to pay $1.05 billion to Apple. After several appeals, the amount was reduced in part during a review in 2013. After Samsung agreed to pay a partial fine, the case was resolved in 2016. Handed over to the Supreme Court of the United States, the final trial result is that Samsung should pay 3.99 billion US dollars in compensation.
Samsung Quinn, the lawyer for Samsung Electronics, did not explicitly mention the outcome of the Supreme Court ruling during the trial. He insisted that the amount of compensation that Samsung needed to pay should be based on the profit generated by the specific part that allegedly infringed Apple's patent. Calculate, not the profit of the entire handset where the part is located.
Quinn stressed that: 'Apple wants to get the profits generated by the entire mobile phone, but Apple's patent does not cover the entire mobile phone. ' He believes that compensation should not involve the profits of other non-infringing parts of the phone.