In the ongoing Apple vs. Samsung patent trial in California, 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 centers per patent per infringing device. 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. Chevalier had the following to say in an effort to explain why she didn’t include damages for lost profits:
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.
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. The value created by these products is really negligible.
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 continued to call witnesses for a countersuit against Apple. The Korean company is leveraging two patents against a number of Apple products. We’ll have to wait and see what happens.
Source: CNET
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