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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.jpg

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.jpg

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.

Article Link: Susan Kare, Greg Joswiak to Testify in Upcoming Apple v. Samsung Damages Retrial
[doublepost=1524538927][/doublepost]Samsung has done the same thing Microsoft did - take Apple's idea and put their name on so that they have a product that looks just like an Apple product.
 
Apple has made its point, and Samsung has been found guilty and made a payment. Both sides should consider dropping it now. This could go on for almost forever. Whichever way this verdict goes, it will be appealed again, and then on and on for more years. At this point they're quibbling over a 100 mil or two, and that much will have been spent on the lawyers.
 
Apple needs to pound Samsung into the ground just so this doesn't happen to anyone else again.

If you can argue that you only copied 1% so you should be charged 1% then the whole idea of a patent or copyright is ridiculous. If you needed that 1% so your product would sell then you should be penalized for the price of the entire product.
 
You really seriously believe that no one would buy a phone that doesn't look like an iPhone, when about 90% of the world buys phones today that look nothing like an iPhone, and did so at the time it was released? Other than a few minor things, it didn't look like a clone at the time, and now looks completely different. The iPhone has never had any significant market share. The fact that this case is still going on is kind of ridiculous.
Wow, where to even start with your blizzaro upside-down universe reality distortion.

Just about every single smart phone on the planet now emulates the essential design of the iPhone, a look that was first made insanely popular with the iPhone. For all of those who post it is an "obvious and inevitable design" I argue if it was so obvious why did it not catch on until Apple introduced the iPhone?

The iPhone has never had significant market share??? Never? Check out this chart and how Apple's market share of iPhones vs. the hundreds of others. Or this article recognizing Apple having 50% of the iPhone market worldwide last quarter.

If you are being paid to troll you certainly aren't earning your money here.
 
Given that Apple has dropped everything they stood for and that made them a great brand, I’d say Samsung to go ahead and make the best to win against this political party that Tim Cook has created.
 
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This is why I stopped buying ANY SamSung products years ago. Just like I stopped going to Starbucks years ago. Both slimey but for different reasons. Apple 2018!!!
 
I find it funny that the same people against Qualcomm are the same folks for Apple here.
Just remember Apple needs Samsung. OLED displays and LCD displays in iPhones among other components are made by Samsung. Samsung will get their money back on the other side by increasing component costs.

Apple don't win even if they win.
 
This is getting old Apple. You weren't first with the look and implementation of the iPhone and nearly 10 years later you have the absolute nerve to continue to push this case.
 
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This is getting old Apple. You weren't first with the look and implementation of the iPhone and nearly 10 years later you have the absolute nerve to continue to push this case.

Samsung should add the cost of any damages across the new iPhone X OLED screens. Or let them use crappy LG versions ;)
 
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Yet when it boils down to money they can STILL strike deals for Apple to buy OLED panel from Samsung. LOL

Samsung couldn’t pass up last years contract despite being sued by Apple, money is king, and Samsung isn’t stupid. They can use Apples own money from the profits to pay them back and come out ahead. The irony. :D

I guess Apple recently tried to tap LG but they won’t be able to produce next iPhones quota or keep up with demand on their OLED display for Apple, so Samsung is producing them again, is an OUCH to Apple.

Consumers should be glad really because Samsung’s panels are better then LG’s IMO.

Nice to see Apple poised to manufacture their own displays soon. Hope the quality can match Samsung and at the very least be better than LG’s or it’s a bust.

In the end it was an obvious patent infringement that’s crazy how long a company can push legitimate wrong doing for so long. Shame on the court system. :(
 
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Beyond Samsung, the number of companies that have copied Apple’s style is endless.

Mattress companies are copying Apple’s TV ad style for crying out loud.

The fact that so many companies have profited from copying Apple is just sickening. But, who’s going to stop them. That’s the real question.

Unlike everything you probably believe, Apple is NOT the mother of all invention. Most of Apple's designs are also just copies of previous works or things you see every day without even noticing them anymore. Rounded corners? Look at any street sign that you find. There is a well documented conversation between Steve Jobs and Andy Hertzfeld where Jobs EXPLICITLY states the fact that rounded corners are everywhere, and that the Mac should also use rounded boxes.

Sir Yve based most of his famous designs on the work of Dieter Rams, that's another well known fact.

And touch interfaces also had been around for years - even decades - when the iPhone was released. Every bar or bowling alley on the planet had been using them in their POS systems.

Slide to unlock? Have you EVER opened a barn door? Or went to visit a medieval castle? There was absolutely nothing innovative about that patent. I rather wonder what moron even granted that patent to Apple; that person would probably also have given them a patent for the English language or the design of the Sixtene Chapel.

On a related note, I wonder if Apple ever paid a penny to the team that wrote the original file search app that Apple later blatantly SHERLOCKed...

This whole Apple vs Samsung case is the perfect example why the existing global patent system should be completely abolished.
 
Wow, I seriously thought this was over like over 5 years ago...

Let's sue on some Newton patents!

Its ain't over, till its over.

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

Apple wants to own it all, that's what they're really getting at.. When You have so much money, can't blame 'em
 
The trial of the decade...

No no no, surely you mean millennium?

This just drags on and on an on...
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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.

Pretty much yeah. Although I don’t think they are accused of copying the square ish shape?
 
This is getting old Apple. You weren't first with the look and implementation of the iPhone and nearly 10 years later you have the absolute nerve to continue to push this case.

Samsung could have just paid the fine. Instead, they keep appealing. Why does Samsung keep pushing the case?
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LoL they've been trying to do do that for years but it just doesn't work.
Poor little Apple.

The case in question is about how to calculate damages, not if Samsung copied Apple. Get your facts straight.

How's prison looking for the Samsung CEO? Wasn't he convicted of bribery etc?
 
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If neither company thinks enough of the outcome to put their senior execs on the stand to add credibility and gravitas to their respective claims, I wish the judge would just call it a wash and close her down.
 



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.jpg

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.jpg

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.

Article Link: Susan Kare, Greg Joswiak to Testify in Upcoming Apple v. Samsung Damages Retrial
Boy, looking back at photos today, I miss the pre-iOS 7 design. I might be in the minority in that regard.
 
The court system needs a limit on the number of appeals and retrials. This is just clogging up the courts and costing tax payers money. At some point a court should be able to make a final decision. They shouldn't be able to keep appealing and retrying a case forever.
 
Moses Farmer invented the light bulb and dynamo. Edison improved on the design. A hundred years from now will anyone remember the name Jobs?
 
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