Apple: Offer to License Patents to Samsung Didn’t Include iPhone’s Interface
An Apple patent licensing executive said Monday that the company’s offer to license its patents to Samsung included only certain patents and not “untouchable” ones related to the iPhone’s unique user interface.
A document entered into evidence on Friday showed Apple was willing to license certain patents for $30 per phone and $40 per tablet.
Apple’s Boris Teksler said Monday that the company wasn’t willing to license many of its user interface patents but was willing to license some of its patents.
“We were trying very hard to come up with an amicable resolution with Samsung,” Teksler said. “We wanted them to respect and protect our unique user experience.”
In general, Teksler said, Apple doesn’t license its design patents to any other company.
Teksler noted that Apple and Microsoft have a cross-license agreement that does cover the design patents at issue in this case, but said that there are also special “anti-cloning” provisions in the agreement between those two companies.
“We couldn’t copy each other’s products,” Teksler said.
Once both sides finished their examination of Teksler, who began testifying on Friday, Apple played videotaped depositions from JunWon Lee, a Samsung patent licensing official; Dong Hoon Chang, head of Samsung’s mobile design group; and Timothy Benner, an analytics executive for Samsung Telecommunications America.
The next live witness, Terry Musika, is an accountant who offered his estimate of what Samsung would owe Apple if the jury finds Apple’s patents are both valid and infringed.
Musika testified that, again if found to be infringing, Samsung would owe between $2.5 billion and $2.7 billion in damages. Musika acknowledged that’s a very large damage figure, but noted that Samsung has sold 22.7 million allegedly infringing smartphones and tablets, generating $8.16 billion in revenue.
As part of his analysis, Musika noted that Samsung’s smartphone market share increased dramatically once it introduced the phones accused of infringing on Apple’s patents, citing IDC figures.
Update, 10:43 a.m.:There’s lots of accounting talk now. Most of it at the moment is focused on the billion dollar difference between what Musika estimates as Samsung’s profit vs. what Samsung calculates as its profits on the devices accused of infringing.
Musika calculated damages in three different ways. For the bulk he used his estimate of Samsung’s profits, while for some phones he used a reasonable royalty rate and for still others he used a calculation of Apple’s lost profits on sales they would have gotten were it not for the alleged infringement.
11:20 a.m.: After a long and rather tortured explanation of how he reached his conclusions, Apple has wrapped up its questioning of Musika and now Samsung attorney Bill Price is getting his turn.
1:43 p.m.: With Musika done, Apple has rested its case. Samsung now making its motion that Apple has failed to prove infringement and that, as a matter of law, judge should rule in its favor.
Judge Koh opts not to review written briefs on this issue, so Samsung’s lawyers now reciting all of the ways in which they feel Apple has failed to meet its burden. Koh has said Samsung has five minutes to make its case.
2:30 p.m.: Samsung is getting a pretty full hearing on this. Judge Koh let Samsung have more than five minutes to state all its reasoning and required Apple lawyers to respond.
Much of the current debate is over whether three models in question — the Ace and a global version of Galaxy S and Galaxy S II were sold in the United States. Samsung points out Samsung never sold to carriers or U.S. customers.
2:45 p.m.: Judge Koh gives Samsung a very limited victory, dismissing Apple’s case with respect to Samsung’s US subsidiaries as it relates to three phones not broadly sold in the U.S.– the Galaxy Ace and two global variants of the Galaxy S and Galaxy S II.
However, she denied Samsung’s broader request to find in its favor.
“I think there is a legally sufficient evidentiary basis,” Koh said.
- Calling All Gluttons for Legalese Punishment: Here’s the Apple-Samsung Amended Verdict Form
- Apple-Samsung Juror Tells CNET Debate Was “Heated”
- “The Jury Has Now Spoken”: Apple CEO Tim Cook’s Memo to Employees on Patent Win Over Samsung
- Apple’s Big Patent Win: A Shot Across the Bow of All Android Device Manufacturers
- Next Stop for Apple-Samsung: Appeals Court
- Wall Street Reacts to Apple’s Legal Win Over Samsung: Maybe, Let’s Not Kill All the Lawyers!
- Apple Says Verdict Is a Win for Values; Samsung Says It’s a Loss for Consumers
- Jury Slightly Lowers Apple-Samsung Verdict After Inconsistencies Noted
- On One-Year of Anniversary of Jobs Stepping Down as CEO, Karma’s a … Patent Victory for Apple
- Jury: Samsung Owes Apple More Than $1 Billion for Infringing Patents
- Competing Views of Competition in Apple-Samsung Trial
- Ringside as Apple and Samsung Go Into the Final Round
- Apple, Samsung Jury Won’t Hear About Missing Evidence
- The Definitive Insider’s Guide to Apple vs. Samsung
- At Long Last, Testimony Wraps up in Apple Vs. Samsung
- Apple: Samsung Didn’t Live Up to Its Standards Obligations
- Judge Koh: It’s Samsung’s Own Fault It Ran Out of Time
- Apple Lawyer to Frustrated Judge: Yes, We Need All These Witnesses, and No, I’m Not Smoking Crack
- Apple vs. Samsung Judge Encourages “Horse Trading” to Narrow Case
- Apple Says Samsung Documents Show Google’s Influence On Galaxy Products
- Patience Runs Thin as Time Runs Short in Apple vs. Samsung
- Samsung Designer Says Galaxy Tab 10.1 Work Preceded iPad Announcement
- Give Peace a Chance, Judge Says, Asking Apple and Samsung CEOs to Meet One Last Time
- Samsung Document Notes Their Smartphone Icons Not Always Iconic
- Samsung Designer Testifies She Didn’t Copy Any of Apple’s Icons
- Fireworks in Apple-Samsung Trial Over Whether Expert Had Improper Access to Intel Source Code
- The iPhone Advantage Is Largest in Big Cities, According to Samsung Study
- Judge Refuses to Toss Most of Apple’s Suit Against Samsung
- Apple: Offer to License Patents to Samsung Didn’t Include iPhone’s Interface
- Latest Front in the Apple vs. Samsung Battle: Jury Instructions
- A Look Back at the Second Week of the Apple-Samsung Trial
- Here’s Apple’s August 2010 Warning to Samsung on Patents
- Apple Offered to License its Patents to Samsung for $30 Per Smartphone, $40 Per Tablet
- Apple Patent Head: We Don’t Want to License Clones
- MIT Professor Says Samsung Customers Might Pay Extra $100 for Apple-like Features
- After Starting With a Bang, Apple vs. Samsung Now Just as Boring as Other Patent Cases
- Samsung’s U.S. Tablet Revenue Less Than 5 Percent of Apple’s, Court Documents Show
- Apple vs. Samsung Trial Forces Companies to Open Up the Books
- Jurors in Apple vs. Samsung Get a Raise, but Still Woefully Underpaid
- Samsung on Its iPhone-Envy Memo: Nothing to See Here, Move Along
- Samsung’s 2010 Report Says Its Galaxy Would Be Better if It Were Just More Like the iPhone
- Similarity of Apple and Samsung Icons “Beyond Coincidental,” Designer Testifies
- iPhone Caused “Crisis of Design” at Samsung (Memo)
- Samsung Exec Downplays “Crisis of Design” Memo at Patent Trial
- Five Things We Learned at the Apple-Samsung Trial Last Week
- Samsung’ Hinges its Case on Rectangles and Rounded Corners
- Apple’s Case Against Samsung in Three Pictures
- Top Apple Executive Saw Market for 7-Inch Tablet in 2011, Said Company Should Do One
- Apple’s Scott Forstall on How “Project Purple” Became the iPhone
- Apple’s Phil Schiller on How Apple Came Up With the iPhone and iPad
- Apple Loses Bid to Keep Customer Survey Secret
- Samsung and Apple Speaking to One Jury, Many Audiences
- Samsung: We Weren’t Trying to Mess With the Jury
- Judge Koh on “2001” Evidence: I’m Sorry, Samsung, I’m Afraid I Can’t Do That
- Apple: Litigation Misconduct Is Part of Samsung’s Legal Strategy
- Samsung Goes Public With Excluded Evidence to Undercut Apple’s Design Claims
- Apple Designer: We’ve Been Ripped Off
- Apple Designer: Even Steve Jobs Doubted the iPhone at Times
- Apple Literally Designs Its Products Around a Kitchen Table
- Samsung: Apple Didn’t Invent the Rectangle
- Apple: Samsung Took the Easy Road and Copied Us
- Day One of Apple vs. Samsung Starts With Another Debate on Apple’s “Sony Style”
- Samsung Thwarted in Bid to Show Apple Has “Sony Style”
- As Apple and Samsung Head to Court, Here’s a Handy Cheat Sheet
- Key Witness No Longer Works at Apple, Doesn’t Want to Testify at Samsung Trial
- Can I Get a Witness? Sure, Here’s a Whole List of Them, as Apple vs. Samsung Heads to Trial.
- Apple’s Case Against Samsung Gives Rare Glimpse at Dozens of iPhone and iPad Prototype Designs
- Samsung Makes Another Case to Have Apple’s “Sony Style” Put Before Jury
- Apple Tries to Torpedo Samsung’s “Sony Style” iPhone Charge
- Samsung, Apple Even at Odds Over Where They Will Sit at Trial
- Documents in Apple vs. Samsung Give Reporters Plenty to Chew On
- Samsung, Apple Reveal Names of Those Who May Testify at Next Week’s Trial
- Apple’s iPhone Has Sony Style, Says Samsung (Full Trial Brief)
- Apple: Google Warned Samsung Against Copying Us
- Jury to Hear That Samsung Failed to Preserve Evidence in Apple Patent Suit
- Apple to Samsung: You Give Us $2.5 Billion and We’ll Give You a Half-Cent-a-Unit Royalty
- Apple vs. Samsung: Another Patent Slapfight, Another Exasperated Judge