Juror Credits CPA Witness for Helping Make the Winning Argument in Damages Retrial
Apple’s expert witness on damages, a certified public accountant from Chicago, was the person who apparently sealed the Cupertino California company’s victory in its patent infringement retrial against Samsung. Jury forewoman Colleen Allen spoke with Bloomberg after the trial concluded and revealed that it was CPA Julie L. Davis who provided the strongest evidence to justify a $290 million payout to Apple. Allen called Davis a “superstar witness” stating she was “on it” and steady when cross examined.
Allen’s thoughts were echoed by fellow juror Barry Goldman-Hall, who mentioned that it was Davis who helped determine exactly how much money Apple should be awarded. A major point of contention for the jury was a sum of $178 million that Samsung felt should be subtracted from profits of more than $230 million attributable to the South Korean company’s infringing products. Allen felt none of the money should come out but other jurors disagreed and the group compromised by cutting the sum in half.
After being in deliberation for two days, the jury decided to award Apple $290 million in damages from Samsung in return for the company copying patented software and hardware. The decision is considered a major win for Apple which was seeking to collect $380 million in the retrial, whereas Samsung felt it owed just $53 million.
It should be noted that Apple has won more than $900 million in damages from Samsung to date over the infringement of five patents related to the iPhone and iPad. Key evidence from Apple showed how Samsung’s smartphone and tablet designs changed radically to mimic Apple after the launch of the first iPhone in 2007 and the iPad in 2010.
Although the jury’s decision has been made, legal squabbles between Samsung and Apple appear to be far from over, with the two companies set to appear before Judge Lucy Koh once again in March. At that hearing, the two tech giants will argue over accusations of patent infringement in newer smartphone models including the iPhone 5 and Galaxy S3.