In court on Tuesday Apple's damages expert testified that Apple should receive $2.2 billion in damages from Samsung for infringing on five of their patents, and to compensate for Samsung's sale of 37 million devices, which led to a loss of profits for Apple.
Christopher Vellturo, an economist and Apple's damages expert, told the U.S. District Court in San Jose, Calif., that the claim for $2.2 billion in damages is justified due to the scope and timing of the infringement, which it says occurred between August 2011 and December 2013 when the smartphone market was "in a profound state of change and growth because so many people are coming in and buying phones."
Vellturo added that the patents at issue covered software features -- an area of weakness for Samsung -- that made the Korean company's phones easier to use. He also testified "That had a dramatic effect on Apple, and the compensation is therefore substantial." Vellturo reportedly worked some 800 hours on this case in preparation for the trial, according the Wall Street Journal.
If Apple convinces the court that Samsung infringed on the five patents, it can ask the court to ban Samsung from selling its phones and tablets in the U.S., which, if granted, could be a bigger victory for Apple than a monetary compensation, especially because the request has been refused twice before.
According to a comScore report, Apple is the largest seller of smartphones in the U.S., with a 41.3 percent market share while Samsung is in second place with a 27 percent. On a global scale however, Samsung is the leader with 29.6% with Apple at 17.6% according to Strategy Analytics.