Apple was originally awarded over $1 billion dollars in damages; however, a judge vacated about $450 million of that and ordered this new trial to recalculate the damages. Samsung still has to pay around $600 million from the original judgement.
Apple attorney Harold McElhinny and Samsung attorney Bill Price gave their opening statements in the United States District Court for the Northern District of California. A jury of eight people were selected to determine how much Samsung owes Apple for infringing on five patents.
McElhinny arrived at the $380 million amount based on lost profits of about $114 million, Samsung's profits of about $231 million, and reasonable royalties of approximately $35 million. Apple estimates it would have sold 360,000 devices if Samsung hadn't released infringing rivals. He noted that Samsung sold 10.7 million infringing devices, generating $3.5 billion in revenue.
Price argued that Apple shouldn't receive any money for lost profits and should only receive $52.7 million that accounts for Samsung's profits and royalties of $28,452 because the patents have limitations.
Judge Lucy Koh has asked both parties to again hold settlement talks. The trial is slated for March and the parties agreed to submit a proposal by January 8th.