After a judge in March invalidated almost half of the $1B verdict Apple won in its patent infringement case against Samsung in August of 2012, another trial would have to take place to determine how much Samsung would actually owe. It still owes Apple the other approximately $600 million in damages pending an appeal, but today the two companies are in court for a retrial to determine how much of the other roughly $400 million in damages Samsung will be responsible for. CNET reports that Apple’s attorney today told the court it wants $380 million in damages from Samsung, slightly less than the original $410 million in vacated damages:
“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.”
“In a fair fight, that money should have gone to Apple,” McElhinny said.
The $380 million number comes from Apple’s calculations of around $114 million in lost profits, $231 in Samsung’s profits, and $35 million in royalties. Apple says Samsung made around $3.5 billion revenue selling 10.7 million infringing devices.
The retrial seeks to determine damages for a handful of old infringing Samsung devices including the Captivate, Continuum, Droid Charge, Epic 4G, Exhibit 4G, Galaxy Prevail, Galaxy Tab, Gem, Indulge, Infuse 4G, Nexus S 4G, Replenish, and Transform.
The case will continue ahead of another patent trial in California between the companies slated for March. It involves newer devices and potentially injunctions.