Samsung has 46 minutes left for last day of witness testimony

Samsung has 46 minutes left for last day of witness testimony
Friday is scheduled to be the last day of witness testimony in the Apple v. Samsung patent trial. You might recall that Judge Lucy Koh gave each side 25 hours to present witnesses and cross examine the other side's witnesses. Heading into Friday, Apple has 3 hours and 53 minutes remaining while Samsung has just 46 minutes left. After Samsung complained about the lack of time it has remaining, Judge Koh noted that Samsung had made the choice to spend more time cross examining Apple's witnesses than Apple spent questioning them in the first place.

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.

The Apple v. Samsung trial is winding down

The Apple v. Samsung trial is winding down

Wagner said Apple's computations were based on the faulty assumption that if Samsung's infringing devices were removed from the market, the company would disappear from the market. Instead, Wagner told the jury that Samsung would work around Apple's patents to compete. The expert witness added that if Apple-patented specific features were removed from Samsung's phones, the Korean manufacturer would 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.

source: eWeek

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8 Comments

1. Sniggly

Posts: 7305; Member since: Dec 05, 2009

Good point from the accountant Samsung brought in. Seems like after a rocky start, they're doing a pretty good job.

2. groupsacc

Posts: 232; Member since: Feb 28, 2012

What kind of trial involves shot clock violation? lol I mean in all fairness, each side should be able to present all their relevant witnesses, present their cases, and take all the time necessary to question each other's witnesses. Anyway on the other hand, I'm over this already. Run the clocks down and finish it off. Enough is enough.

6. Phullofphil

Posts: 1740; Member since: Feb 10, 2009

I can understand a trial taking to long I guess but we are talking about billion dollar posesable payout. I agree, how can there be time limits on a court case if any thing cross examination should not count in time limits

7. dmckay12

Posts: 243; Member since: Feb 25, 2012

Companies like these bury the court in paperwork and filibuster the proceedings.

3. MeoCao unregistered

I think SS has done enough to show Apple's patents are ridiculous.

4. androidornothing

Posts: 143; Member since: Apr 26, 2012

Idk really understand. I dont want any of the features on Samsung phones to be removed because of this. That would be stupid.

5. SGSatlantis

Posts: 227; Member since: Jul 20, 2011

They mean the design patents(round edges...), the witness was referring to the S3(looks nothing like an iphone even if you cheat and resize the photo).

8. remixfa

Posts: 14605; Member since: Dec 19, 2008

I think samsung did more than enough to put more than reasonable doubt in apple's "patents" with the videos they presented. I dont see a whole lot of "copying" verdicts coming against them. If they do, it wont be 1/5th of apple's initial claims. Dont know a bunch about samsung's picture email patents, so I cant comment on that, but I really see this case as being more of a wash than anything. Then again, if the jury sides with Samsung that Apple's patents are bunk, that puts a big big hole in the middle of their future court case dreams.

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