As the first day of Apple’s second California patent trial
against Samsung drew to a close on Tuesday, the suit’s first witness,
Apple SVP of Worldwide Marketing Phil Schiller, took the stand to
deliver testimony nearly identical to that given twice before during
the first Apple v. Samsung case.
A familiar story for tech reporters and anyone who followed
the first Apple v. Samsung trial, Schiller walked jurors through Apple’s
“New Product Process,” just as he did last November during a
retrial for vacated damages. Paramount to the executive’s testimony
was conveying the risk Apple took in developing the iPhone.
Schiller illustrated the handset’s success through graphs, charts
and articles — many of which were identical to those seen in his
previous testimony — before moving on to the iPad, reports Re/code.
According to reporter Mike Swift, Schiller said Samsung’s “copying”
hurts Apple’s clout as an innovator. The alleged copycat devices from Samsung have diluted Apple’s cachet.
On cross-examination by Samsung’s Bill Price, Schiller admitted that
he was not fully briefed on the patents-in-suit, eroding somewhat the executive’s claims of copying.
When asked to share his first impressions of the Samsung Galaxy,
Schiller said, “It looked so much like an attempt to copy the iPhone.
” He reiterated that Apple had been harmed by Samsung’s
alleged copying.
“It has caused people to question some of the innovations
we created,” Schiller said, according to Re/code. “I think it has
confused people as to which products are creating this experience.”
Tuesday’s court session ended before cross-examination was up,
but Samsung will get more time with Schiller on Friday at 9 a.m. Pacific.
Apple is seeking some $2 billion in damages from Samsung on
infringement of five patents. The Korean tech giant argues
Apple’s claims are narrow, cover minor software tweaks and should
never have been granted.
Samsung is also leveling claims of its own in the second
Apple v. Samsung trial, but the company’s case has been whittled
down to two claims from two patents.>
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