After winning a $1.05 billion verdict against Samsung for alleged trade dress dilution and patent infringement, Apple has filed a motion with the presiding judge of the tech world's biggest trial requesting a massive increase in the initial jury award.
An additional $707 million has been tallied up by Apple's lawyers as being due to the company, and unfortunately, the logic here is sound. The jury in the case found Samsung willfully infringed Apple's design and software patents (meaning they should have known they were infringing, basically), and under US statute, this entitles Apple to an award of triple the amount of the actual damages resulting from infringement.
$400 million has been tacked on to the design infringement award, along $135 million for the utility patents (those numbers are in addition to the base damages for both claims). Apple is also requesting $120 million in supplemental damages, covering the time span from the start of the trial in June to the final judgment date. Supplemental damages are the money Samsung made during the time of the trial by selling infringing products, but that the jury was not allowed to consider in calculating actual damages. This is a very common request in IP disputes post-judgment.
Finally, Apple is asking for another $50 million in pre-judgement interest given an estimated payout date of December 31st (not going to happen, trust me - it'll be delayed for a while, this is mostly procedural).
Given that the jury found willful infringement, Apple's request for treble damages may well be granted. We'll see in the coming months.
Damn! They already got a billion tho