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Why Did Samsung Ask for Reduced Amount of Damages?
Apple vs. Samsung
Why Did Samsung Ask for Reduced Amount of Damages?
  • By matthew
  • April 24, 2014, 05:47
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Samsung Electronics has lowered the total amount of its damage claim after filing a counter-suit against Apple for patent violations. 

Samsung announced on April 22 (local time) that it withdrew its patent claim on Apple’s iPad in the current patent infringement case against Apple in the Northern District of California. The aggregate amount of the Korean tech giant’s damage claim has therefore decreased from US$6.94 million (7.2 billion won) to US$6.23 million (6.46 billion won). 

Previously, the largest Android phone maker demanded US$6.78 million, claiming that Apple’s FaceTime feature infringes on its video call patent. The amount was then lowered to US$6.07 million. However, the Korean firm’s US$158,400 patent claim related to the management of cameras and file folders remains the same. 

In response, Apple has decided to let expert witnesses testify that it did not infringe on the patents of its rival company. When a second patent infringement lawsuit started early in April, the US tech firm demanded that Samsung pay US$2.19 billion (2.27 trillion won) for the alleged infringements by the Korean company. 

The videotaped testimony of Google patent attorney James Maccoun that describes terms of the search engine company’s “Mobile Application Distribution Agreement” with Samsung and e-mail discussions was played for jurors on April 22. 

Under the agreement, the world’s largest smartphone vendor is required to install Google’s applications in Samsung phones, and the Internet giant is also obligated to defend and indemnify the Korean firm against claims pertaining to Samsung’s use of technology for Google’s Android operating system. According to e-mail discussions, the search engine giant may need to pay some of costs in the case. In the event that Samsung loses the case, Google may have to shoulder some of Samsung’s burden in damages. 

In general, these kinds of defense and indemnity clauses are concluded in the software license agreement. 

The jury is expected to deliberate the case after witness examinations on April 22 and 25, and closing arguments are finalized on April 28. Hence, the jury is likely to reach a verdict in the final week of April.