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Continuing the Apple v. Samsung retrial, U.S. District Court Judge Lucy Koh on Friday axed four patents-in-suit from the proceedings worth about $114 million, while Apple's Phil Schiller further explained how his company was harmed by Samsung's copycat devices.
Judge Koh ruled Apple cannot pursue damages due to lost profits for four out of the five patents originally leveraged at the start of the retrial, a decision that could be worth $114 million to Apple's final payout. The one property remaining — the '915 patent for "pinch-to-zoom" — is important, however, and it may be possible to return some of the lost award from that single patent depending on the jury's decision.
Apple and Samsung are currently duking out a retrial over damages Judge Koh vacated in March after she found the Apple v. Samsung jury to have inaccurately calculated awards applied to 13 Samsung devices.
As for Schiller, the Apple executive finished up his testimony from Thursday, saying Samsung's copying of the iPhone and iPad's designs diluted the Cupertino company's cachet. According to in-court reports from Reuters, Schiller drilled home the idea that Samsung's patent infringement hurt Apple not only in the short term, but hurt consumer trust in the company
"It's much harder to create demand and people question our innovation and design skills like people never used to," Schiller said. "[Samsung] weakened the world view of Apple as this great designer and innovator."
Samsung counsel William Price went on the offensive in cross-examining Schiller, brining into question the validity of Apple's design patents.
"Apple doesn't own a patent on a product being beautiful or sexy, isn't that correct?" Price asked.
"The industry does tend to follow trends of products that are doing well," Schiller replied.
Price went further, hinting that the iPad mini was a direct response to Samsung's small-size tablet offerings.
"[The mini] had nothing to do with competition," Schiller said. "We were simply trying to make our product better."
Comparison of Apple and Samsung devices. | Source: Apple v. Samsung court documents
Apple argues that by copying its designs, Samsung has taken away a portion of the consumer base that would have otherwise purchased the iPhone or iPad. Before Judge Koh ruled that Apple could not seek damages on four patents, the Cupertino company was seeking $400 million from Samsung. For its part, Samsung admits infringement, but sees damages at a much less substantial $52 million.
As of this writing, Samsung is calling expert witnesses to the stand. So far, testimony has been in regard to correct damages payouts and Apple' production capabilities at the time of Samsung's infringement.
Judge Koh said witness testimony should conclude on Monday, with final arguments from both parties to be offered on Tuesday. The jury will then deliberate and render a verdict in due course.
via Technology - Google News http://news.google.com/news/url?sa=t&fd=R&usg=AFQjCNHR0St-Izpfy4fYr7LMtvs1AefyrA&url=http://appleinsider.com/articles/13/11/15/judge-whittles-apple-v-samsung-case-down-to-one-patent-as-schiller-concludes-testimony
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