Apple is overstating its damages in US court trial, claims Samsung witness

Apple is overstating its damages in US court trial, claims Samsung witness

Apple has overstated the level of damages it is claiming in its US patents trial with Samsung, a witness has claimed.

Accountant Michael Wagner, who was testifying in the San Jose courtroom for Samsung, said the Korean manufacturer's profit margin from smartphones and tablets is around 12%, compared to the 35.5% an Apple expert witness previously claimed. According to Reuters, Wagner said these margins did not take into account the cost of marketing and other expenses.

Among the other details disclosed yesterday (16 August) was how Apple has paid around $1.4bn in patent royalties to at least 90 companies, according to a testimony by Samsung witness Vince O'Brien.

Judge Lucy Koh gave both companies a maximum of 25 hours court time to lay out their cases. She has tried to get both companies to settle the case out of court. In an apparent sign of frustration with the case, she said Apple's lawyer must be on drugs if she would accept a list of potential witnesses. The BBC reported that Apple lawyer William Lee named 22 people he wanted to call to reject testimony given by Samsung's witnesses. Koh said: 'Unless you're smoking crack you know these witnesses aren't going to be called.'

The jury is expected to begin deliberations next week. Apple has accused Samsung of aping the design of the iPad and iPhone in producing some of its products. Samsung claims that Apple infringed several of its patents, including for wireless technology.

Editor: Graeme Neill

Written by Mobile Today
Mobile Today


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