Both Apple and Samsung counsels finished their testimony phase in the damages retrial recently, leaving only closing remarks before the jury will ultimately decide what amount Samsung owes for infringing on certain patents. According to in-court reports from CNET, each side trotted out expert witnesses who gave their testimony as to how much Samsung should pay for infringing on five Apple patents.
A quick recap, Apple was seeking roughly $380 million for lost profits on an estimated 360,000 potential devices sold, Samsung profits earned and royalties. Samsung for its part doesn’t dispute the infringement but argues that damages should be limited to roughly $53 million instead, with $52.7 million going to profits, $28,542 for royalties and nothing for lost Apple profits.
It should be noted that when the Apple vs. Samsung trial was decided in 2012, Apple was awarded $1.05 billion relating to damages incurred by Samsung’s copycat products. Judge Lucy Koh in March vacated roughly $450 million after finding discrepancies in the jury’s calculations. She called for a retrial on 13 Samsung products found to be in infringement of five Apple patents. The proceedings brought that case one step closer to conclusion.
In the most recent session, both tech giants used their final hours to set the stage for the upcoming closing arguments. Of the eight hours, Judge Koh gave both companies for testimony, Apple used all but 16 minutes while Samsung used all but two. Over the past week, Apple and Samsung have brought familiar faces to the stand with Apple calling on SVP of Worldwide Marketing, Phil Schiller, to offer testimony as it pertained to the iPhone. On his behalf, Schiller mentioned that making such a product was a huge risk for Apple. He continued by mentioning the following:
We had a saying inside the company that it was a 'bet-the-company' product. We were starting to do well again in iPod. Then here we're going to invest all these resources, financial as well as people, in creating this product.