SAN JOSE, Calif. -- An Apple attorney told a jury on Wednesday that the company wants an additional $380 million in damages from Samsung's patent infringement, but Samsung says it should only have to pay $52 million.
The figures come on top of the $600 million Samsung already has to pay after a judge vacated about $450 million of the original award.
Apple attorney Harold McElhinny and Samsung attorney Bill Price made the comments during opening statements here at a retrial in the United States District Court for the Northern District of California. A new jury of eight people has been assembled to determine how much more Samsung owes Apple for infringing on five patents related to the iPhone's design and functionality.
"We will hear a lot from Samsung, saying no one would have purchased Apple products," McElhinny said. "But in its heart, Samsung knew it was a two-horse race."
He pointed to an internal Samsung document as "conclusive evidence Apple lost sales because of Samsung."
Samsung's Price, meanwhile, said "Apple is asking for more money than it's entitled to."
He noted that customers didn't just buy Samsung products for bounce-back screens and other features that infringed on Apple patents. Rather, they also sought out bigger screens, removable batteries, 4G LTE service, and other items.
McElhinny arrived at the $380 million amount based on lost profits of about $114 million, Samsung's profits of about $231 million, and reasonable royalties of approximately $35 million. Apple estimates it would have sold 360,000 devices if Samsung hadn't released infringing rivals. He noted that Samsung sold 10.7 million infringing devices, generating $3.5 billion in revenue.
"In a fair fight, that money should have gone to Apple," McElhinny said.
Price, meanwhile, said Apple shouldn't receive any money for lost profits, $52.7 million for Samsung's profits, and royalties of only $28,452 because the patents have limitations.
