Expert witness claims Apple’s damage calculations wrong


In the Apple v. Samsung trial currently underway, one of the issues Samsung is arguing is that Apple has grossly over-exaggerated their damages claim. Apple is asking for more than $2 billion in damages based on the alleged violation of five patents. New York University professor Tulin Erdem was brought in late last week as an expert witness on Samsung’s behalf to counter Apple’s own expert regarding the amount of damages.

Erdem indicated that Apple’s expert, John Hauser, teaches consumers about the very features at issue in the case. If it were not for Hauser educating the consumers about the features in the first place, no would would place any value on the features as consumers probably would not even be aware of them. According to Erdem, “they are not even in the radar screen of consumers…these are very granular…and they wouldn’t drive demand.” Erdem contends Hauser created “demand artifacts” that artificially inflate the damages value.

To help support their position, Samsung also introduced deposition testimony from Apple executives regarding the hundreds of features employed by Apple in their iPhones to make them easy to use. You may recall Samsung has filed a counter-suit against Apple for patent violations, but asked for a miniscule amount in damages as part of a strategy to downplay the significance and value of any given patent.

Although Samsung is arguing their devices and features don’t infringe on any Apple patents or that the Apple patents are invalid, they are also laying the groundwork for reduced damages should Apple prevail. This is why testimony like that offered by professor Erdem is so important.

The trial is expected to last another week before being taken up by the jury.

source: re/code

About the Author: Jeff Causey

Raised in North Carolina, Jeff Causey is a licensed CPA in North Carolina. Jeff's past Android devices include an HTC EVO, a Samsung Note II, an LG G3, and a Motorola Moto X Pure Edition along with a Samsung Galaxy Tablet 10.1. He currently uses a Samsung Galaxy S8 and (very rarely) a Nexus 7 (2013). He is also using a Verizon-branded Motorola Moto Z Play Droid supplied by his job. Jeff used to have a pair of Google Glass and a Moto 360 Sport in his stable of gadgets. Unfortunately, his kids have all drunk the Apple Kool-Aid and have i-devices. Life at home often includes demonstrations of the superiority of his Android based devices. In his free time, Jeff is active an active runner usually training for his next marathon, owns a MINI Cooper, and plays Dungeons & Dragons. Jeff has three mostly grown kids and a golden retriever.

  • Silver

    Really hoping this mess gets cleared away with both parties involved. Lets just make great phones whether it be Os or IOS

    • Bubba

      Bah! Get out of here Silver with your clarity and common sense. There is no place for that in judge lucy’s courtroom.

      • maysider

        little Lucy is on the Apple’s payroll so there is no common sense. Just greedy, stealing, rotten Apple

  • dean clarke

    home advantage hope google getting involved helps some. they judges should be from nuetrall country that would stall the apple machine.