Apple and Samsung have filed their witness list for a damages retrial case set to start from May 14 with the US District Court for the Northern District of California in San Jose. While the list includes a number of high-profile executives from both companies, it does not include Apple’s CEO Tim Cook or design guru Jony Ive.
Apple’s witness list includes names of Richard Howarth, a senior director on its Design Team, and Greg Joswiak, VP of Product Marketing. The former will testify about the design process at Apple, the infringed patents, and the other designs that Apple had taken into consideration. As for Joswiak, he would talk about how valuable Apple’s design patents are, the company’s marketing strategy, and more.
Another notable witness name from Apple is Susan Kare, who may testify about icon and user interface design, and one of the three patents involved in the retrial.
The retrial is regarding the longstanding battle between the two companies in which Apple has accused Samsung of infringing on three of its design patents. The Supreme Court declared Apple as the winner of the patent battle in late 2016 but mentioned that damages for the infringement would have to be calculated in a different way. However, the court did not provide a way on how to calculate the damages, with Samsung arguing that the total fine for patent infringement should be less than $1 billion which was initially awarded to Apple by a court in 2012. This was later reduced to $548 million by an appeals court, with Samsung already paying the sum to Apple in 2015.
Nonetheless, the Korean company still believes that the final award for patent infringement would be lower than this as the damages were calculated on the full value of the device and not on the value of the infringed part.
With both companies fighting over this matter for almost a decade, one can only hope that this retrial would finally put an end to the whole matter. However, if the amount Samsung has to pay to Apple is reduced by a considerable margin, Apple will probably end up appealing against the decision.