Susan Kare, Greg Joswiak to Testify in Upcoming Apple v. Samsung Damages Retrial

Apple and Samsung today submitted their witness lists for an upcoming retrial in the long running patent infringement battle between the two companies, reports CNET.

Neither Apple CEO Tim Cook nor design chief Jony Ive will be taking the stand, but several other notable figures will be providing testimony during the retrial. Apple will call Richard Howarth, a senior director on the Apple Design Team, along with Greg Joswiak, vice president of product marketing.

applevsamsung
Howarth will discuss the design process at Apple, the design patents that were infringed upon, and other design topics, says CNET, while Joswiak will talk about Apple's marketing approach for its devices and the competitive nature of the smartphone market.

Apple also plans to call Susan Kare, who designed many of the early icons for Apple's Macintosh computers, to talk about icon and user interface graphics design. Other witnesses include Ravin Balakrishnan, a professor of computer science; Alan Ball, an industrial design expert; Julie Davis, a consultant with expertise in damages analysis; and Karan Singh, another computer science professor.

Samsung will call Justin Dension, its senior vice president of mobile product strategy and marketing, along with Drew Blackard, senior director of product marketing and Jinsoon Kim, a vice president at Samsung's Corporate Design Center.

Apple and Samsung's latest damages retrial will kick off on Monday, May 14, with the aim of determining how much Samsung has to pay Apple for infringing on three Apple design patents.

The two companies have been fighting in court since 2011, when Apple sued Samsung for copying the iPhone's design. Apple was initially awarded $1 billion in 2012, but after several appeals and retrials, the award was reduced to $548 million.

Samsung paid Apple the $548 million in 2015, with $399 million of that total awarded to Apple for the design patent infringements. Samsung at the time argued that it was asked to pay a "disproportionate" sum for the design violation, and appealed to the Supreme Court to reduce that portion of the award.

Apple had been awarded damages based on the full value of the infringing device, while Samsung argued that it should pay damages based only on the infringing portion.

apple v samsung 2011

The original devices involved in the 2011 patent infringement case

Samsung's appeal was successful, and the Supreme Court ordered the U.S. Court of Appeals to redetermine the amount Samsung owes Apple for the design patent infringement. The U.S. Court of Appeals sent the case back to the district court, which brings us to the May trial.

During the retrial, Samsung will argue that the damages awarded to Apple should be less than the original award because the infringed Apple patents represent only a small part of the design of the entire Samsung smartphone in question. Apple, meanwhile, will argue that it deserves damages based on the full value of the device.

Top Rated Comments

macfacts Avatar
78 months ago
It just keeps going and going... still going...
It keeps going because Apple is two faced. They want Samsung to pay a percentage of the total cost of the Galaxy phone for copying the rectangle shape of the phone. That includes all the tech inside it too that Samsung didn't copy.

Mean while in the other court room with Apple and Qualcomm, Apple is saying they shouldn't have to pay a percentage of the total cost of the iPhone for using Qualcomm modem tech.
Score: 27 Votes (Like | Disagree)
AngerDanger Avatar
78 months ago
Ugh, all this unresolved sexual tension is terrible. When are these two going to realize they're helplessly drawn to each other and just kiss?!



Attachment Image
Score: 14 Votes (Like | Disagree)
wbeasley Avatar
78 months ago
You can say all the tech inside doesn't mean the entire device was copied but search what Samsung phones looked like before the iPhone was released and then after... They blatantly copied everything they could. They knew the tech Apple put inside (weren't they suppliers back then as well?)

The difference in a full touch screen device and the old candybar phones would be huge. Android changed all the software too. Samsung deliberately chose the look and feel to be as similar as possible with their UI skin. And if that wasn't enough, they could have chosen any number of screen layouts but they even went as far as the rounded app buttons in the same grid. If you stood a few feet back, it would be hard for regular people to tell the difference.

The only ones getting rich out of this are the lawyers. It should have been settled years ago.

Samsung is probably worried if they lose (again) other companies they have copied are finally going to have a shot at them too for white goods they were "inspired" by.

Maybe patent law needs to be simplified. So much relies on previous work now it must be hard not to infringe and patent trolls think they can make money without ever building a product. What defines a product is the whole hardware, software, UI, OS, app store and overall feel. Breaking down what percentage each bit contributes is difficult. The sum of the parts...

Jobs famously said they'd patented the hell out of this. They maybe should have tested those patents earlier.

I agree with -BigMac-: even Apple probably doesn't care for this lawsuit now. When you see how much of the market profit Apple captures does it really matter any more?
Score: 12 Votes (Like | Disagree)
koruki Avatar
78 months ago
It keeps going because Apple is two faced. They want Samsung to pay a percentage of the total cost of the Galaxy phone for copying the rectangle shape of the phone. That includes all the tech inside it too that Samsung didn't copy.

Mean while in the other court room with Apple and Qualcomm, Apple is saying they shouldn't have to pay a percentage of the total cost of the iPhone for using Qualcomm modem tech.
how is that similar at all?? Qualcomm's business model is to license their stuff out, they just wanted MORE from Apple than other vendors cause Apple has more money. Apple never licensed the design out to Samsung
Score: 9 Votes (Like | Disagree)
mi7chy Avatar
78 months ago
There are leaders and there are followers and blatant copiers. Apple was the leader by any account. OK so now what?
Apple have only led copying the Galaxy S but not the much more advanced Galaxy Note.

How iPhones used to look before copying Samsung phablets. If this trial goes on Apple should be paying Samsung.


Attachment Image
Score: 9 Votes (Like | Disagree)
AutisticGuy Avatar
78 months ago
Companies like Samsung can get away with blatantly copying the style, layout, and underlying principal of a profitable device like the iPhone because courts have absolutely no power in righting this wrong. Even if Apple wins, they'll get pennies on the dollar compared to real damages. The market favors theft of intellectual property.
Score: 7 Votes (Like | Disagree)

Popular Stories

iOS 18 Siri Integrated Feature

iOS 18 Will Add These New Features to Your iPhone

Friday April 12, 2024 11:11 am PDT by
iOS 18 is expected to be the "biggest" update in the iPhone's history. Below, we recap rumored features and changes for the iPhone. iOS 18 is rumored to include new generative AI features for Siri and many apps, and Apple plans to add RCS support to the Messages app for an improved texting experience between iPhones and Android devices. The update is also expected to introduce a more...
iGBA Feature

Game Boy Emulator for iPhone Now Available in App Store Following Rule Change [Removed]

Sunday April 14, 2024 8:06 am PDT by
A week after Apple updated its App Review Guidelines to permit retro game console emulators, a Game Boy emulator for the iPhone called iGBA has appeared in the App Store worldwide. The emulator is already one of the top free apps on the App Store charts. It was not entirely clear if Apple would allow emulators to work with all and any games, but iGBA is able to load any Game Boy ROMs that...
top stories 13apr2024

Top Stories: M4 Mac Roadmap Leaked, New iPads in Second Week of May, and More

Saturday April 13, 2024 6:00 am PDT by
Apple's hardware roadmap was in the news this week, with things hopefully firming up for a launch of updated iPad Pro and iPad Air models next month while we look ahead to the other iPad models and a full lineup of M4-based Macs arriving starting later this year. We also heard some fresh rumors about iOS 18, due to be unveiled at WWDC in a couple of months, while we took a look at how things ...
new best buy blue

Best Buy Opens Up Sitewide Sale With Record Low Prices on M3 MacBook Air, iPad, and Much More

Saturday April 13, 2024 7:41 am PDT by
Best Buy this weekend has a big sale on Apple MacBooks and iPads, including new all-time low prices on the M3 MacBook Air, alongside the best prices we've ever seen on MacBook Pro, iPad, and more. Some of these deals require a My Best Buy Plus or My Best Buy Total membership, which start at $49.99/year. In addition to exclusive access to select discounts, you'll get free 2-day shipping, an...
iPhone 16 Camera Lozenge 2 Colors

iPhone 16 Plus Rumored to Come in These 7 Colors

Wednesday April 10, 2024 3:52 am PDT by
Apple's iPhone 16 Plus may come in seven colors that either build upon the existing five colors in the standard iPhone 15 lineup or recast them in a new finish, based on a new rumor out of China. According to the Weibo-based leaker Fixed focus digital, Apple's upcoming larger 6.7-inch iPhone 16 Plus model will come in the following colors, compared to the colors currently available for the...
apple silicon feature joeblue

Macs to Get AI-Focused M4 Chips Starting in Late 2024

Thursday April 11, 2024 10:10 am PDT by
Apple will begin updating its Mac lineup with M4 chips in late 2024, according to Bloomberg's Mark Gurman. The M4 chip will be focused on improving performance for artificial intelligence capabilities. Last year, Apple introduced the M3, M3 Pro, and M3 Max chips all at once in October, so it's possible we could see the M4 lineup come during the same time frame. Gurman says that the entire...