Apple rests its case, Samsung calls first witnesses
Korean's initial arguments revolve around prior art for key Apple patents; three models excluded from case
Published: 14 August, 2012
Apple has finished presenting its case in its landmark patent trial with Samsung in San Jose, California, and now its rival gets to take the stand.
The Korean firm's first two witnesses on Tuesday were computer scientists who attacked Apple's claims that the software patents at issue were original, and had been violated by Samsung. They demonstrated technologies, predating the iPhone by years, using similar techniques to Apple's 'rubberbanding', which stops users falling off web pages.
Benjamin Bederson, a professor at the University of Maryland, talked about his 'Launch Tile' invention, released in 2004, which included a 'snapback' feature similar to the iPhone's. This was shown in a video of the HP iPaq 1900 pocket computer. And Adam Bogue also talked about a 'snapback' feature which he included in his 2001 Diamond Touch, a table of projected images which could be manipulated by fingers.
Judge Lucy Koh, who has already whittled down the scope of the claims and counterclaims in the run-up to the trial, has also limited each side to 25 hours of testimony and the proceedings should wrap up on Tuesday. Apple had been putting its own witnesses on the stand since trial began on July 31, making its case that Samsung had copied the iPhone and iPad and ridden on the back of Apple's own innovations. Other testimony spoke of a licensing proposal, made by the US firm in 2010, which would have charged Samsung $30 a handset. The iPhone maker also argues that the alleged copying of its products has diluted the value of its iconic brands and confused consumers.
Its final witness, an accountant, testified that Samsung would owe about $2.5bn in damages, based on sales of 22.7m allegedly infringing handsets and tablets, for revenue of $8.16bn. Apple is demanding damages and also for a preliminary injunction against the Galaxy Tab 10.1 to be made permanent, and extended to over 20 other devices. But Judge Lucy Koh has excluded three of those devices from infringement claims already on the grounds they were not manufactured to be sold exclusively in the US. They are the Galaxy S i9000, the Galaxy Ace and the Galaxy S II i9100.
Meanwhile, in another twist, Intel and Apple are seeking to keep a key Samsung witness off the stand, claiming their confidential information could be revealed. Apple said the witness, Dr Tim Williams, had not disclosed the fact that he had signed multiple non-disclosure agreements, one of which Intel says will prevent him from discussing the chip giant's source code. Samsung had called Williams to testify about Apple's alleged infringement of one of Samsung's cellular data patents, which would cite some of that Intel code.