Apple and Samsung are back at it, with Apple reportedly demanding a huge per-device amount in settlement talks. According to a filing obtained by FOSS Patents, Apple wants a staggering $40 per Samsung device sold. This is in response to five patents Apple said were used without licensing, and their $40 reasoning seems more than slightly off-base.
The five patents in question deal with a variety of normal smartphone operation, so we’re not quite sure just how Apple’s argument will hold up. Apple is seeking damages based on a patent regarding unified search, as well as dialing numbers on a device by pressing them. There is also a patent related to auto-complete, and the oft-discussed slide to unlock. Data syncing is also in question.
Apple’s reasoning for the $40 per device is pretty odd, too. Their argument is that had Samsung agreed to licensing the patents in the first place, Apple would have charged them $8 per device, theorizing that Samsung would have raised device prices to cover the expense (essentially, Apple argues that because Samsung didn’t roll over to them, then stick it to us as consumers, they’re naughty). Now they want $8 per patent — or $40 total — per device.
This simply won’t hold up for Apple. The damage estimate is based on theories about what Samsung may have done versus hard fact. Samsung may have simply marketed their devices much more aggressively to sell additional units, covering cost that way. We don’t know what may have gone down, and neither does Apple.