updated 09:49 pm EDT, Mon August 13, 2012
Damages expert, two technology developers called to stand
Apple today rested its case after calling a damages expert to the stand in its contentious patent lawsuit with Samsung in Judge Lucy Koh's court in San Francisco. After spending more time cross-examining Apple's witnesses than Apple took in questioning them, Samsung has started its offensive, challenging the presence of three of its devices in the suit, and attempting to call into question the validity of Apple's touchscreen patents.
Terry Musika, managing director of patent renumeration consultant organization Invotex Group, took the stand today, justifying Apple's $2.5 billion dollar patent claim versus Samsung. According to Samsung's financial data, 22.7 million potentially infringing devices were sold, generating $8.1 billion dollars in revenue. Additionally, Samsung's US share was said to have increased in 2010 following release of the infringing phones, where the Korean manufacturing company was losing market share prior to release. On cross examination, Musika admitted that the calculation was based on Apple winning all of its claims, but a guide was given to jurors in the event of a judgement partially in favor of Apple.
As is typical for lawsuits, the "Rule 50" claim was made by Samsung, arguing that Apple failed to prove its case on its merits, and Samsung unsuccessfully moved for a dismissal of the case. The argument process did reveal three devices that were not sold in the US. Judge Koh, agreeing with Samsung, ordered the removal of the Galaxy Ace, S i9000, and S II i9100 from the list of infringing devices, leaving 17 devices in jeopardy at the trial.
Samsung's two witnesses called to the stand are involved in technology potentially predating some elements of Apple's patented features. Professor Ben Bederson, co-creator of PDA feature LaunchTile, commenced Samsung's case. LaunchTile is a PocketPC technology released near the end of 2004, designed to help people access and process a large amount of information on a mobile device with a screen full of thumbnails, so users could quickly process, and zoom into relevant data. Questioning focused on the "bounce-back" patent patent which is utilized when the user over-scrolls content, and the screen snaps back into place. Cross-examination by Apple pointed out some key differences between LaunchTile's and Apple's "bounce-back" technology, including how the various zoom levels affects, and in some cases disables, the snap back on the LaunchTile device.
Samsung's final witness of the day was Adam Bogue, creator of the DiamondTouch projector-based, multiple-user technology spawned from the Mitsubishi Electric Research Laboratory (MERL). While not a portable technology, DiamondTouch used one touch for scrolling, and a similar (but not identical) two-finger pinch and zoom gesture on a table using an array of antennae under the projected image, which Bogue said he demoed to Apple in 2003.
The Apple versus Samsung case continues tomorrow, and every day this week. Judge Koh has limited each side to 25 hours of witnesses and cross-examination. Apple has consumed 14 hours and 10 minutes, and Samsung has used 14 hours and 58 minutes. The judge is hoping both sides will be able to present closing arguments in the case early next week.