Toward the end of the day, both sides tried to cut the claims each side was making and the Judge tabled the motions for future discussion. A decision on the motions is expected before the weekend ends. Meanwhile, on Thursday, Samsung called Michael Wagner to the stand. An expert on calculating patent infringement damages, he said that Apple's demand for $2.5 billion to $2.75 billion was overstating the damages. He testified that should Samsung be found guilty of infringing on Apple's patents, Samsung should be liable for 20% to 25% of what Apple is seeking, or $500 million to $675 million. That is because Apple is omitting important costs in its calculations, like marketing the phones, pitching them to carriers, as well as the big item R&D.
still be able to sell a competitive product.
After Samsung rested its case, Apple presented rebuttal witnesses including Tony Blevins, a former designer who is now VP of procurement for Apple. He testified about one of Samsung's counter claims against Apple that alleges that the latter firm infringed on a Samsung design for a cell data processor, which helps handsets complete phone calls. Blevins pointed out that the processor was made by Intel, not Samsung which should mean that Apple should not be found liable on that specific claim.
Former Apple software engineer Emilie Kim testified that a feature on the Apple iPhone that sends photos by email does not infringe on a Samsung patent that the Korean firm uses for a similar feature on a on its own phones.