11. Damages and FRAND

Apple is seeking $2.525 billion in damages. Samsung says it may be owed at least $400 million in royalty fees. Apple said Samsung asked for 2.4 percent of every iPhone and iPad sold to cover infringement of its patents which it says is too high given that the technology is an Intel chip that Apple buys for $6 to $10 each. So Apple says Samsung would be entitled to 0.0049 for each chip based on FRAND (Fair, Reasonable and Non-Discriminatory) patent licensing terms.

10. Copycat? Confusion?

Apple is fighting hard to prove that Samsung’s designs are not the result of natural evolution in the design process but rather a deliberate attempt to copy Apple. The company says, “The initial skepticism that met Apple’s announcement of the iPhone and iPad, followed by the extraordinary commercial success of these products, is evidence that the designs are not obvious.” Samsung counterattacks saying that Apple has to prove that consumers are being deceived into buying Samsung products because they think they are iPhones and iPads.