The patent trial between Apple and Samsung resumed earlier today, and while testimony hasn't yet finished for the day, already we're seeing signs of what's to come.
Yesterday Apple secured a significant step toward victory when Judge Koh barred the designer of Samsungs F700 phone, which predates the iphone yet is similar in style, from testifying.
Why is this good for Apple?
Apple had originally included the F700 in its list of Samsung devices that infringed on Apples patents but, on realising that it was designed prior to the iphones release and therefore could not have been a copy, they dropped the phone from the court case.
This makes sense as it would have helped Samsung show that it had an iphone like design prior to Apples and that the features Apple claim are infringed, such as the rounded corners for example, were selected as part of the natural evolution of a products design rather than by slavishly copying the competition as Apple claim is the case for the remaining Samsung products.
By barring Samsungs designer discussing the F700 and its design process Judge Koh has prevented them from introducing a key piece of evidence that would show, with little room for doubt, that Samsung really did have similar products to the iphone before Apple released any details of it, swinging the case a little more in favour of an Apple win.
Judge Koh ruled that, because it was no longer accused of infringing Apples patents the F700 was irrelevant to the current case and therefore discussing its design is also irrelevant. This seems to ignore the fact that such evidence would help the jury more easily reach a conclusion were they to be aware that such a design predated Apples but unfortunately the Judges decision is final.
Apples damages expert, Terry Musika, testified that despite his estimation that damages should be set at $2.5 billion he personally believes $2.7 billion is what they should really be as he took the jury through the way he had calculated the damages amount and explains that Apple paid him and his team $1.75 million dollars to help them come up with computer models and calculations, saying that it was not an easy thing to do despite just fifteen minutes earlier saying it was a fairly straightforward process of "sliding" money from a sale that would normally go to apple over to samsung if it wasn't an apple sale.
Samsung are, as the days legal action draws nearer its end, asking the Judge to end the case today based on their argument that Apple have not convincingly proven their case. Koh gave Samsung just five minutes to explain their arguments merit. Samsung argued that this was not long enough to respond to claims worth $2.5 billion in damages but tried their best to do so.
Judge Koh has, at the time of writing, just dismissed the case against three of the accused Samsung products because they were not sold in the United States. However she does allow these same products to be used against one of Samsungs subsidiaries and so in practice they are still part of the case but in respect to subsidiary companies rather than Samsung itself.
In fifteen minutes Samsung will call their first witness who will testify on examples of prior art. If Samsung have done their homework well his testimony could be a turning point in the case which has, in general, shifted more in favour of apple.
