It is in court houses that you sometimes get to hear some of the most entertaining arguments, ways of thinking, or tactics you wouldn’t normally encounter in the world outside. In the current and latest bout between Samsung and Apple, the Korean manufacturer is claiming that Apple‘s patents, which are being brought against it, aren’t really worth that much.
This statement came from New York University professor Tulin Erdem who testified, on Samsung’s behalf of course, that Apple is selling its patents too much. This was a direct contradiction of Apple’s own expert witness John Hauser who, Tulin Erdem claims, was educating consumers about features that they weren’t aware of and didn’t really value. These are the same features being brought against Samsung. In short, Erdem says that Apple is artificially inflating the value of those patents, creating demand artifacts, and portraying those patents as more expensive than they really are.
This point is important for Samsung because it affects the amount of damages that Apple could be awarded in case the Cupertino-based company wins this round yet again. Apple is asking for a rather hefty sum of $20 billion in damages, around $40 for each infringing device. Samsung has also filed a counter-lawsuit against Apple, but it isn’t asking for much in comparison. This is an attempt to put up an appearance that patents really don’t cost that much.
This tactic is also interesting because, Samsung maintains that it has not infringed on any of Apple’s patents. But while it is still claiming its innocence, it is also doing everything it can to cover its bases and bring down that initial price, just in case.