Apple requests another $179 million in supplemental damages from Samsung

Apple InsiderInsider ^ | December 24, 2015 | By Daniel Eran Dilger

[Swordmaker]

Apple has requested the other shoe to fall in the Apple v. Samsung patent infringement lawsuit. The suit judgement included supplemental damages for continued infringements of the patents on sales of infringing products. Apple is now asking for an additional $179 million plus more than $1 million in interest to cover those supplemental damages that were included in the judgement against Samsung for sales of five models of infringing phones:

Galaxy S II Skyrocket (D'677 Patent): $6,144,916
Galaxy S II Epic 4G Touch (D'677 Patent): $96,920,602
Galaxy S II T-Mobile (D'677 Patent): $74,706,398
Droid Charge (D'305, '915, '381, and '163 Patents): $620,467
Galaxy Prevail ('915, '381, and '163 Patents): $167,488

Totals: $179,659,870 in supplemental damages plus interest. -- PING!

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Apple v. Samsung Supplemental Damages
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[Swordmaker]

This $180 million is on top of the $548 million that Samsung has just paid on the original judgement for past infringement. The $189 million is for continuing to infringe the patents by continuing to sell the five models that also were included in the suit AFTER the judgement was entered. Samsung gambled they would be able to reverse the judgement and could get away with continuing selling these models. . . without ever having to pay for infringing the patents, and keep the profits. Apparently, they gambled and lost.

[beethovenfan]

Pocket change for Apple.

[dennisw]

The faggy “Apple Insider” who authored this drivel used the word “crushed” three times....lulzzzz..... count me as not impressed!

[dennisw]

Daniel Eran Dilger is a doppelganger AppleGanger, I just came up with a new word!

[Fhios]

Looks like that loss to Ericsson pissed them off.

[Swordmaker]

Looks like that loss to Ericsson pissed them off.

That was not really a loss, Fhios.

Ericsson was trying a "patent hold-up" on Apple on the Fair, Reasonable, And Non-Discriminatory (FRAND) licensing rates for patents Apple had already been licensing for years which were due for renewal. Ericsson wanted more money than the FRAND rates that Apple was paying on the SEPs that Ericsson was licensing to Apple.

When a cellular manufacturer cannot come to a FRAND rate with a Standards Essential Patent (SEP) holder, the manufacturer is entitled under the Standards Essentials Setting Organization (SESO), of which both the manufacturer and patent holder must both be members, and signatories of the agreements, they are allowed to continue manufacturing their products although technically unlicensed and infringing, until a court of proper jurisdiction establishes a FRAND rate. The "infringing" manufacturer is required to place the standard FRAND license fees into an Escrow account until the dispute is settled to show intent to pay. Apple had always been willing to license the patents at standard FRAND rates.

Ericsson was demanding more than the going rates for their patents from Apple. . . and Apple refused to pay more. Ericsson sued Apple for infringement.

The courts told Ericsson they had to comply with the FRAND rates negotiations to which they had agreed by signing the SSO membership agreements and putting their patents in the Standard pool, which was Apple's position all along. Although the case ruled FOR Ericsson (a technical finding that Apple was infringing) and ordered Apple to pay royalties for the patents insuit, the order to pay, was exactly the FRAND RATE Apple had intended to pay in the first place.

Ericsson wanted MORE from Apple than they were charging other cellular phone manufacturers. That is in violation of the SESO in charge of deciding what patents are included in the Cellular phone standards and which should be offered at FRAND rates.

In some jurisdictions, attempting to use standards encumbered patents in a stock hold up such as Ericsson attempted is illegal and will result in the patents being declared public property, free for all to use. Europe has recently passed such legislation to prevent exactly this situation. Once a company agrees to put one of their patents into a standard, they are guaranteed licensing. . . but if they attempt to use it as a weapon against a competitor, they risk losing all rights to the patent. Note, this applies ONLY to SEPs the owner has agreed to license under FRAND rules. They cannot pull them out, once they've signed such an agreement. Regular patents are not at such risk.

[Swordmaker]

The faggy “Apple Insider” who authored this drivel used the word “crushed” three times....lulzzzz..... count me as not impressed!

Baron, I can post about a dozen other articles on this same topic from multiple source. It has nothing to do with homosexuality. . . except perhaps your fear of your latent sexual ambiguity. YOU are the one who seems to be fixated on the issue. YOU attribute homosexuality to people you do not know who demonstrate absolutely no evidence of sexual deviancy. YOU have a distinct problem with the truth in every post you make. I submit it is YOU who has a sexual devotional problem, not they.

[Swordmaker]

. . .word “crushed” three times. . .

No, one of those was a drop quote from the article. I cut-and-pasted the code of the article from the HTML of the site. Dilger did not over use the word. If you had bothered to go to the original article site, you would have seen that. But you prefer to always go for the cheap, ad hominem shot, every time. You have no discrimination, Baron. You do no research.

[dennisw]

http://heavens-gates.com/50schristmas/merrylittlechristmas/

[dennisw]

The word Crushed used three times up as you posted....not sure what you are gettin at.

[Swordmaker]

The word Crushed used three times up as you posted....not sure what you are getting at.

Don't you know what a "Drop Quote" is, Baron? I do. I've been a publisher and editor. Go to the Apple Insider Page and see. Then you'll see why your complaint about the author using the word "crushed" three times is wrong. He didn't.

[Swordmaker]

http://heavens-gates.com/50schristmas/merrylittlechristmas/

I hope yours was as nice as mine was, Dennis. My girlfriend and I spent the day with my two daughters, my son-in-law, my ex-wife, and my granddaughter. My girlfriend and I gave my four year old granddaughter a great swingset (some assembly required) which her daddy and his friends will supply later this year.

That was just one of her presents from us, since she couldn't play with it until spring. She really is into Disney Princesses (she got to meet all of them since her Daddy won an all expense paid trip to Disney World on "The Price is Right" last December 26th -- along with a sailboat -- in the Showcase after spinning and winning $1000! She was in 7th heaven!) so we gave her a "Disney Pop-up Princess Castle Game" which she was happily playing with her aunt, my younger daughter, when we left. We also gave her all of the "Despicable Me" and "Minion" movies, as well as "The Wizard of Oz - 75th Anniversary Edition," as well as a stuffed Stuart minion. . . and a glow-in-the-dark penguin glass paper weight.

One of the advantages of being a grandparent is you can spoil the grandkid. . . hehehehe. . . and then go home.

[dennisw]

OK my friend_____________________Greatly appreciated and Its all good. I can see all the love you got and same for me here that I got today from mine.

We shall continue to joust into the the new year (God willing) of 2016

[dennisw]

Great sentimental post *seriously* and may 2016 God Bless.....

......
...except those clowns in Cupertino

[TexasFreeper2009]

I am glad Apple sued Samsung.

I knew the minute Apple did, that Samsung must have a great product. And I was right.

That enabled me to cut the Apple cord and switch entirely over to Samsung who has a great product at a significantly smaller price.

That’s all the excuse I needed to free myself from the sodomite worshiping Apple and it’s sodomite CEO.

[Bulwyf]

I also find the Samsung and Android operating system far superior to Apple devices. Apple treats users like simpletons, whereas android lets you really use your device.

[Swordmaker]

That enabled me to cut the Apple cord and switch entirely over to Samsung who has a great product at a significantly smaller price.

Uh, not exactly, Tex. If you are looking at Samsung's flagship phones at introduction, they aren't "at a significally smaller price." Nor are they "at a simnifically smaller price" when acquired on a two year contract with a carrier, in fact, they can be more expensive.

When the latest Samsung Galaxy S6 (unlocked 32GB MSRP $849) and Galaxy Edge (unlocked 32 GB MSRP $1079) were released both were significantly more expensive than any iPhone flagship (unlocked 32GB $749 to $949 for the 128GB plus) ever released. . . and only came down in price when Samsung found they could not sell their products competing against other smartphones in the market, at which time, Samsung lowered the pricing of both.

That's all the excuse I needed to free myself from the sodomite worshiping Apple and it's sodomite CEO.

Do you use Microsoft products? If so, Microsoft has been supporting Sodomite agendas for far longer than has Apple. . . at least ten years longer. . . and putting corporate money toward it. Now look at the Bill and Melinda Gates Foundation's money which comes from Microsoft support of worldwide universal abortion. . . and Common Core education. You good with that?

How about Google Android? Obviously you do since you just said so. Same situation. Google was fully in the tank for Obama. You support that? Apparently you do.

Your position based on a single employee of Apple's (all be it, a prominent one) and his political activities, when based on the actual activities of other tech companies, is hypocritical.

It is also hypocritical to support a patent thief over the creator of the tech. Samsung's history shows a repeated pattern of doing exactly the same thing: stealing patented technology and milking as long as possible before the courts force them to stop! Pioneer Stereo systems, Dyson vacuum cleaners, even washing machines, Samsung copies the market innovators by stealing their patented designs and innovations by reverse engineering, making knock-offs, and saturates the market as fast as possible with cheaper copies of the original maker's models.

You completely ignore that one of the primary pieces of evidence in the Apple v. Samsung patent infringement trial (in which Judge Lucy Koh required that Apple trim the number of patents down from over 60 being infringed to just 6 patents to be litigated because SHE didn't want to take the time), was a 127 page internal memo from Samsung's upper echelon management to their engineering and design team with exact specifications on what changes they needed to make to their current effort to "more accurately copy the Apple iPhone"! Those were Samsung's managements words in the memo, not lawyerly hype. That 127 page internal memo was the 'smoking gun' of conspiracy to deliberately infringe Apple's intellectual property, which discussed WHY consumers preferred Apple's iPhones and how Samsung needed to duplicate a specific iPhone feature and couldn't ship their Galaxy phone until it had the iPhone feature exactly the same.

And here I thought only Liberals support thieves.

[Swordmaker]

I also find the Samsung and Android operating system far superior to Apple devices. Apple treats users like simpletons, whereas android lets you really use your device.

When did you actually USE an Apple computer or device, Bulwyf. It's been my experience that the people who claim that have never, ever, used any Apple products and are merely echoing something they read somewhere.

Were you aware that every Mac user is one keystroke away from complete command line control of a 100% POSIX^TM compliant UNIX^TM workstation? Apple provides users the tools to do everything they choose with their computers, should they choose to do that. . . for free. That is not treating their users like simpletons.

However Apple recognizes that 97% of computer users prefer to have a simple user interface that WORKS with them, a user interface the user doesn't have to WORK ON, to get the work the user wants to get done. People fail to understand the difference between making a powerful computer easy to use and thinking that the USERS are "simpletons." The vast majority of Apple users have owned and used Windows computers, Bulwyf, and are of the class of "Been there, done there, and the found that the T-Shirt wasn't worth putting up with the Crap!"

Most of them are of the educated opinion that no one could pay them enough to make them go through that experience again; they just aren't masochistic enough to go back to fighting their computers before they even get started doing what they want to do.