The judge also dismisses as «science fiction» Mulhern's
lost profits calculation because Apple had non-infringing alternatives; namely, to break its contract with AT&T and use the Verizon network, or to pay the 2.25 % royalty demanded by Motorola.
On those, the jury awarded the same 100 % of Apple's claimed
lost profits and reasonably royalties plus the exact average of the parties»
calculations of total infringer's
profits (61.4 % of Apple's expert's number because even Samsung didn't argue that there were no
profits).