The ongoing case between Apple and Samsung stemming from a 2012 patent infringement case is set to go ahead on May 14, with both companies now having submitted witness lists. Interestingly, there is no sign of senior executives from either company on these lists. This does not mean that there will not be testimony from these people during the proceedings or that people in leadership positions have not been called. That said, their testimony probably won’t be as important in this case.
To win its case, Apple will have to convince the court that an “article of manufacture” is a complete smartphone and not just an individual component, according to judge Lucy Koh. For those who may not remember, Apple actually claimed that Samsung copied the entire design of one of its smartphones. Samsung had claimed that in case of infringement, the entire device was not copied based on the term “article of manufacture”. The case was first sent to the Supreme Court for clarification on the term, as there were changes in what a manufactured article is. However, the court ultimately did not clarify the issue, sending the case back to the district court instead. Apple therefore always seeks damages up to the total value of the device for which the infringement seems to have taken place. Meanwhile, Samsung will endeavor to show that only part of the design constitutes an infringement. This would reduce the cost owed to Apple by the Korean smartphone maker, otherwise act as the catalyst for a new lawsuit.
For its purposes, Samsung would rely on the expert testimony of Sam Lucente and Michael Wagner. Lucent will discuss exactly what a “manufactured article” is and what it should be. Meanwhile, Wagner will discuss the damages that would be due for the level of infringement that Samsung claims is relevant. Apple, meanwhile, will call Ravin Balakrishnan, Alan Ball, Julie Davis and Karan Singh as witnesses. Davis will play a particularly important role in the case as a consultant with experience in accounting and damage analysis. That said, each of the other witnesses has a background in technology and design, so their statements may be equally important to Apple in proving its design case.