Samsung on Thursday attempted to turn the tables on Apple by saying the Cupertino company owes the Galaxy S III maker $421.8 million for infringement. Apple has already stated its case, and believes Samsung is responsible for paying out $2.5 billion for blatant copying. Those are some pretty hefty figures being thrown around.
According to two witness who were present at the day’s proceedings, Samsung is alleging that Apple is infringing upon three utility patents (email, photo browsing and music playback), as well as two standards-essential patents.
Apple, of course, disagreed with Samsung’s accusation, and claimed FRAND (fair, reasonable and non-discriminatory licensing terms), which therefore would protect Apple for the standards-essential patents. The company pointed to an email that Samsung sent in July, 2011, which discussed the opportunity to license 86 UMTS patents. “The document proposed the same 2.4 percent royalty rate per device — but for the use of Samsung’s entire library of 86 UMTS patents, not just the two involved in the case,” The Verge explained. Dr. David Teece, the witness called to the stand to discuss how much could be owed in damages, said he was unaware of Samsung using a 2.4 percentage rate for its licensing programs with other firms.
The ongoing trial has been an all out war, with accusations flying from both sides. Judge Lucy Koh, who is presiding over the case, urged the two on Wednesday to find peace, but it certainly doesn’t sound like that’s an option for either side.