Here’s Why the Apple-Samsung Trial Might Get Awkward
The upcoming limited damages trial between Apple (NASDAQ:AAPL) and Samsung (SSNLF.PK) may involve some awkward reunions on Apple’s side of the court. As reported by Macworld, Apple’s pretrial list of potential witnesses includes Scott Forstall, Apple’s former senior vice president of iOS software.
Scott Forstall is widely believed to have been forced out of Apple over the Apple Maps debacle. Soon after Apple launched its native Maps application as part of iOS 6 in September 2012, the application was widely criticized for its lack of geographic details, mislabeled locations, and other glitches. According to Fortune’s Adam Lashinsky, Forstall was ousted by Tim Cook after refusing to sign a letter apologizing for the problematic app.
Regardless of their personal feelings, Forstall will presumably be on the same side as Cook in regards to Samsung’s infringement of Apple’s patents. The partial damages trial is a continuation of last year’s Apple v. Samsung case in California. In that trial, a jury found that 26 Samsung products infringed on Apple’s patents and awarded the Cupertino-based company $1.05 billion in damages.
However, Judge Lucy Koh slashed the original damages award by $400 million after discovering that the jury based its award amount on an “impermissible legal theory.” As a result, Judge Koh ordered a new trial in order to determine damages over 13 of Samsung’s infringing products. As noted by Foss Patents, the vacated amount was reduced from $450 million to $400 million after Judge Koh discovered an error in her original order.
Regardless of the outcome of the second trial, Samsung will still be liable for the $650 million amount of the original damages award that was never vacated. However, the remaining damages award could be reduced or increased in the upcoming trial. The trial is scheduled for November 12 and will once again be presided over by Judge Lucy Koh.
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