Samsung has hit back at Apple, demanding $422 million in compensation for infringing its patents, as the courtroom soap opera between the giants nears its climax.
The South Korean giant told the court it gave Apple the chance to license its patents last year, which cover wireless signalling and a fluid method of sending photos via email. In return, it asked for 2.4 per cent in royalties on earnings, which it said was “fair and reasonable”.
However, Apple’s lawyer Joe Mueller said this was news to him, stating there was “no evidence that Samsung has ever asked any other company for such a rate”.
Upon cross-examination, Samsung’s witness David Teece, a professor of business at University of California, admitted he had “no idea” how Samsung came to this figure.
Last week Apple claimed it was entitled to $2.45 billion in damages for loss of profits caused by a multitude of patent-infringing Galaxy devices. However, Michael Wagner, an accountant testifying for Samsung, said Apple’s figure for Samsung’s US profits margin was exaggerated at around 35.5 per cent.
He said it did not take into account – “not a penny” - of Samsung’s marketing costs and that more accurately the margin is 12 per cent, or $519 million.
Meanwhile, judge Lucy Koh who is supervising the case, lost her cool at Apple’s attorney William Lee, after being presented with a 75-page briefing of 22 more potential witnesses in the rebuttal with just 25 hours left to rest its case.
She asked: "You want me to do an order on 75 pages tonight? When, unless you're smoking crack, you know that these witnesses are not going to be called?"
Lee responded: “First, your honour, I’m not smoking crack. I can promise you that.”
He said Apple did not intend to burden the court and agreed to cut back the list, claiming it would be able to question all the witnesses on time.
However, Koh was still displeased, saying she was “billing time” for their “unreasonable behaviour”.
Apple and Samsung are expected to present their closing arguments by Monday or Tuesday.
Telegraph, The Verge