Samsung Convinces Judge To Remove 3 Devices Named In Trial, Apple Rests Its Case Otherwise

The Apple vs. Samsung saga is about to be over here in the States at least. Apple wrapped up its case yesterday by calling in a financial expert to testify on behalf of Apple.  CPA Terry Musika used his time to highlight Apple lost 2 million iPad and iPhone sales because of infringement, while also showing how much Samsung was able to benefit by its sales and more importantly, its profits.
Musika shared with the courtroom 3 major items on his agenda: the profits Samsung made with the accused products, the reasonable royalty fees for the allegedly-infringed patents and the profits Apple itself may have lost. He believes Samsung was able to gain $8.16 billion in revenue generated from devices and after going through the company’s financials, he estimated that Samsung made $2.241 billion in profit— while also coming up with unusual ways to increase profits (i.e. avoiding taxes). When its all settled and done, Musika believes Apple can legitimately ask between $2.5 billion and $2.75 billion in damages.

Naturally, Samsung respectfully disagreed with Musika’s argument. Samsung attorney Bill Price went into attack mode by getting Musika to admit there could have been an endless number of different ways the damages could be split up and calculated. In addition, Price also brought up the issue of iPhone 4 inventory. For a short while after its original release, the iPhone 4 was understandably a hot ticket— but hard to obtain for consumers. Because of that very reason, calculating lost sales during that time would be difficult because Apple couldn’t make enough phones to meet demand in the first place.
Following Samsung’s counter attack, Judge Lucy Koh allowed Samsung attorney Michael Zeller and his defense team to provide a verbal explanation of Samsung’s concerns with Apple’s overall arguments. Judge Koh agreed with Samsung that three of the accused devices should be cut from the trial altogether: the Galaxy S GT-i9000, the S II GT-i9100 and the Galaxy Ace. The reasoning? Well those three devices weren’t offered for direct sale in the United States by Samsung or any of Samsung’s subsidiaries, while carriers received their own variants. Furthermore, the trial only covered devices with direct sales in the U.S., so the burden of proof was on Apple to argue why they should have been included in the first place. Koh sided with Samsung and believed Apple hadn’t proven why the international versions should be part of the suit, thus granting Samsung’s motion to exclude them.
And with that, the final comments of the case is at hand. So this means the epic Apple vs. Samsung saga is about to come to a close folks, stay tuned with Talk Android for the final decisions.

source: The Verge I | II

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