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Google Stake In $2 Billion Contest Between Apple, Samsung Revealed

Publication Date: 
April 24, 2014
Source: 
Daily Report for Executives - BNA
Author: 
Joel Rosenblatt

Professor Mark Lemley comments on the effects of Samsung's strategies in their patent lawsuit against Apple for Bloomberg BNA. 

Google Inc.'s stake in the outcome of a $2 billion trial over smartphones using its Android operating system was revealed by testimony that the company indemnified Samsung Electronics Co. against some of Apple Inc.'s patent claims (Apple Inc. v. Samsung Electronics Co., Ltd., N.D. Cal., No. 5:12-cv-00630-LHK, complaint filed 2/8/12).

The videotaped testimony of a Google patent lawyer describing terms of the search engine company's agreement with Samsung was played for jurors April 22 immediately after Apple's lawyer read aloud a statement from Samsung saying it wasn't seeking indemnification from any third party.

...

The disparity in the companies' demands “reflects a strategic decision by Samsung to portray Apple as greedy, given the remarkably high per-phone price Apple is seeking,” Mark Lemley, a Stanford Law School professor specializing in intellectual property, said in an e-mail.

He said the difference in damages requests also helps explain why the companies didn't settle out of court with cross-licensing agreements.

“Apple clearly thinks—rightly or wrongly—that their patents are worth much more than Samsung does,” he said.