Scott Forstall could come out of hiding to testify at Samsung damages trial with Phil Schiller

Actual court drawing of Forstall

Actual court drawing of Forstall (not a joke)

We’re set to get a blast from the past on November 12th when ex-Apple SVP of iOS Scott Forstall is likely to come out of hiding to testify at the Samsung damages hearing alongside his once colleague Phil Schiller.

On Friday, the two sides filed a joint pretrial statement and lists of potential witnesses they may call. Apple’s list includes Phil Schiller, the company’s senior vice president of worldwide product marketing, and Scott Forstall, the former senior vice president of iOS software. Forstall’s departure was announced last October following the widely criticized launch of Apple Maps, which some observers said may have led to his firing. Both Schiller and Forstall also testified in the original trial.

Rounding out Apple’s lineup, Susan Kare, who designed the original Mac icons is also on the docket. Apple won an over $1B verdict in the initial trial but the amount was subsequently dropped to $400M by Judge Lucy Koh.

Forstall has been out of the public spotlight since his removal by CEO Tim Cook in October of last year. Read more

Samsung presents its closing arguments against Apple, with claims Apple tried to mislead jury

After Apple finished its closing arguments in the Apple vs. Samsung trial earlier this afternoon, it was Samsung’s turn to close its case. First off, Samsung’s Charles Verhoeven explained that Apple is trying to go for a bigger target than the $2 billion in damages it think it deserves. Samsung rather believes Apple is trying to win this case to leverage itself in the smartphone and tablet market by blocking Samsung. If Samsung is found to have “slavishly copied” Apple as proposed, Samsung would not on pay huge damages to Apple, but it could also be barred from the market. Verhoeven stated that Apple could not prove Samsung copied in its closing statement nor that customers became confused over Apple and Samsung products.

Furthermore, Verhoeven discredited key Apple witnesses, including Susan Kare and Apple expert Russell Winer, asserting both witnesses admitted they could not provide any evidence. During all of this, The Verge reported that the jury was completely enthralled. Samsung continued pinpointing differences in all of its devices, even showing the startup screen of its Galaxy Tab, explaining, “You see Samsung Galaxy Tab for a long time. Then it has Verizon.” Obviously, he was tried to show that customers can make a distinction between devices.

Addressing the emails and documents that show Samsung execs discussing the iPhone, Verhoeven said, “That doesn’t show copying. It’s a company trying to figure out what’s going on.” He further stated that Apple is trying to mislead the jury. Verhoeven then made a comment to portray the good of Samsung: Read more

Apple vs Samsung: Apple’s expert design witness hits the stand

We brought you an update on the third day of the Apple vs. Samsung trial earlier today, with Happy Mac logo creator Susan Kare and former President of the Industrial Designers Society of America Peter Bressler set to take the stand as Apple presented evidence that Samsung copied its trademarked iOS icons. During his testimony today, Bressler claimed there are “a number of Samsung phones and two Samsung tablets that are substantially the same” as Apple devices, just as Samsung’s chief strategy officer, Justin Denison, testified its devices are “distinctly different.”

CNET provided an update on Bressler’s testimony:

Bressler suggested that consumers could confuse one of Samsung’s devices with Apple’s…To back that point up, Bressler, the inventor or co-inventor on about 70 patents, went through how nearly a dozen Samsung devices were similar to Apple’s. That includes Samsung’s first– and second-generation Galaxy S devices, as well as the company’s Galaxy tablets.

Bressler also attempted to gut Samsung’s prior art defense, which cites a Japanese design patent issued to rival electronics firm Sharp in 2005. That device, which Samsung suggests looks like the iPhone, is unlike the ones depicted in Apple’s patents since it has a curved, non-flat front, Bressler argued.

While testifying earlier today that Samsung’s Galaxy devices look “distinctly different” at the request of carriers, Denison was questioned by Apple’s lawyers over an internal Samsung document referencing the iPhone’s user-experience as the new standard. According to CNET:
Read more