Most people who have been following the Apple vs Samsung trial in the North District of California courts will know that Apple has won its (imho, ridiculous) claims against Samsung. The court has asked Samsung to pay USD 1.05 billion to Apple. I believe that from that USD 1.05 billion, most of the amount is supposed to be due to loss of business as the argument is that Samsung’s Galaxy S/SII phones stole sales from Apple’s iPhone. However, I managed to find an entry in the Jury Instructions that says this:
“You must allocate the lost profits based upon the customer demand for the patented feature of the infringing products. That is, you must determine which profits derive from the patented invention that Samsung sells, and not from other features of the infringing products.”
If this is the case, I would say that most purchasers of a Samsung Galaxy S/SII did not buy it because of the rounded corners, the pinch to zoom, the green colored Phone icon or the bounce effect. Cheaper prices, better hardware, bigger screens and the Android platform are what drove people to purchase the Galaxy S/SII. And as such, these millions of buyers (myself included) would have bought a HTC phone, an LG phone, a Sony phone or even a Huawei phone rather than buying an Apple phone. Therefore, there was close to ZERO customer demand for the patented features and close to ZERO lost profits for Apple. I bought Samsung products for other features and I’m sure that many other buyers are the same.
How about you? Did you buy your Samsung phone for the rounded corners or green colored Phone icon?
While on this subject, there is a very amusing piece of fake news that has been spreading around the internet saying that Samsung has decided to pay the USD 1.05 billion to Apple using truckloads of 5-cent coins. According to this fake news, 30 trucks showed up at Apple headquarters today and Tim Cook got a call/email from the Chairman of Samsung Electronics saying that this is how they were going to pay Apple. It would be cool if this actually did happen but as Samsung will try to appeal the court decision first, any money that Samsung has to pay will not be right now. It could probably take another few more months or years before it happens.