I have sometimes, maybe even quite often, but not always agreed with Apple. And I have disagreed with Apple on more occasions than parts of the Android and open source communities have acknowledged. Now that I have obtained the public transcript (which you can find at the end of this post) of a January 23 hearing held by the United States District Court for the Northern District of California on Apple and Samsung's motions to toss each other's damages theories, I face the first situation in which I don't merely disagree with Apple but am rather wondering whether it has lost its mind.
Apple's damages theory for the trial that will begin in less than three weeks (on March 31) is an objective insanity, and I say so even though Judge Koh allowed Apple to present it to the jury.
A damages expert will argue on Apple's behalf that, if the parties had acted reasonably and rationally in a hypothetical negotiation, Samsung would have agreed to pay
$40 -- forty dollars! -- per phone or tablet sold as a total royalty
for the five patents-in-suit, which relate to (but don't even fully monopolize) the phone number tapping feature, unified search, data synchronization, slide-to-unlock, and autocomplete. The theory is that Samsung would simply have raised its prices accordingly. (You can find the final list of Apple's patents-in-suit
here; that post also lists Samsung's patents-in-suit, but
three more patent claims have since been dropped).
$40 per unit. For five software patents. Give me a break. Reality distortion would be a total understatement for this.