Samsung has admitted to infringing Apple patents, but has disputed the quantum of damage.
Apple claims that Samsung owes it $380 million for copying iPhone and iPad features, whereas Samsung claims that the amount is $52 million.
On Wednesday, November 13, the trial kicked off in a California court and the jury is now debating whether 13 Samsung devices infringe Apple patents for technology, which enables the "bounce-back" function and scrolling in documents.
"This trial about a single question: what damages must Samsung pay Apple for violating its intellectual property rights. Samsung sold 10.7 million infringing products. Samsung, the company that broke the law, took in $3.5 billion. You will decide how much of that $3.5 billion will be returned to Apple," said Harold McIlhenny, Apple's attorney.
A previous jury said that 26 Samsung products infringed six Apple patents and awarded $1.05 billion in damages to the latter. However, a judge found that the jury had miscalculated the amount for 13 products ($400 million) and a new trial was ordered to determine the correct amount.
"Apple lost sales because Samsung was selling infringing products," McIlhenny told the jury during opening statements.
Apple is seeking $113 million in damages from Samsung, as lost profits for 360,000 iPhones which, it believes, it could have sold if not competing against a similar product that infringed its technology.
The Cupertino-based company is also seeking another $231 million and $34 million for profits collected by Samsung which it was not entitled to, and patent royalties for the IP, respectively. The total damages are $379 million per Apple, an amount disputed by Samsung.
Bill Price, Samsung's attorney, told jury that the company owes Apple $52 million and "Apple is simply asking for much more money than it's entitled to."
"This is a case not where we're disputing that the 13 phones contain some elements of Apple's property," admitted Price. He added "that doesn't mean Apple gets to come in here and ask for a windfall ...for more than it is entitled."
Moreover, Samsung has proposed that it would not pay Apple anything for lost profits and would pay only $28,000 for patent royalties.
