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Apple vs. Samsung Patent Lawsuit: Apple Inc. Demands $40 Per Unit for Five Patents Infringed by Samsung

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First Posted: Mar 19, 2014 11:46 PM EDT
Samsung Galaxy S4 Apple iPhone 5
A Samsung Electronics' Galaxy S4 (front) and Apple's iPhone 5 smartphones are seen in this picture illustration taken in Seoul May 13, 2013. (Photo : Reuters)

The patent infringement lawsuit between Apple Inc. and Samsung Electronics Co. is set to enter its second trial, and one demand by the iPhone company has raised shock.

Ahead of the March 31 court date, a transcript from a January federal court hearing noted Apple demands Samsung to pay $40 per unit guilty of infringing their patents. Apple claimed Samsung infringed five patents: autocomplete, data synchronization, phone-number tapping, slide to unlock, and search functions.

The $40 per unit demands by Apple surprised FOSS Patents founder Florian Mueller, who has been monitoring intellectual property topics notably the ongoing saga between Apple and Samsung, and he asked if Apple "lost its mind."

"Give me a break," wrote Mueller in his blog. "Reality distortion would be a total understatement for this."

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"Apple's royalty-type damages claim for five software patents is also far out of the ballpark of anything that has ever been claimed or rumored to be paid in this industry for entire portfolios," added Mueller.

U.S. District Court Judge Lucy Koh, who has presided over the Apple vs. Samsung patent infringement trial from San Jose, Calif., has moved forward with Apple's demand.

In August 2012, Samsung was given the guilty verdict of infringing Apple patents, according to a jury. As a result of the trial, Apple was award more than $1 billion dollars in damages. The financial damages were later reduced to $929.8 million.

Fortune's Philip Elmer-DeWitt reported on the cost of the first trial's patents, "The per-unit claim for 'pinch to zoom' [patent] was $3.10. For 'over scroll bounce' and 'tap to zoom' it was $2.02 apiece. That's a total to $7.14 for three patents. Now Apple is demanding $40 for five."

"I can understand that Apple, almost three years after having filed its first lawsuit against Samsung, is disappointed with the fact that it has no enforceable remedies in place in the United States," wrote Mueller. "But seeking out-of-this-world damages based on bizarre theories of what a hypothetical negotiation would result in is not the answer."

The second patent infringement trial will include new devices such as Apple's iPhone 5 and Samsung's Galaxy S3 smartphones.

As Latin Post reported, Apple CEO Tim Cook met with Samsung CEO JK Shin for a mediation session with the hope to avoid the March trial. The mediation session, reportedly held in early February, went nowhere.

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For the latest updates, follow Latin Post's Michael Oleaga on Twitter: @EditorMikeO

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