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The jury determined that Samsung had not infringed the '414 and '959 patents but that it did infringe Apple's three other patents. The jury said Google didn't factor into its decision for infringement or damages, but it believed Apple and Google needed to battle directly instead of involve handset makers such as Samsung. "I guess if you really feel that Google is something that's the cause behind this, as I think everybody observed, then don't beat around the bush," said jury foreman Tom Dunham, a retired IBM software executive. "The fact is Apple has [intellectual property] they believe in. So does Samsung. So does Google. Let the courts decide, but a more direct approach might be something to think about."Why doesn't Apple sue Google?.
Suing Google wouldn't get Apple far since Google doesn't make its own phones or tablets and gives away its operating system for free, Instead, Apple has sued companies that sell physical devices using Android, a rival to Apple's iOS mobile operating system, In particular, Apple believes Samsung has followed a strategy to copy its products and then undercut Apple's pricing, For Apple, it's easier to point fingers at the handset makers who generate revenue and profit off of Android phones, rather than Google, iphone screen protector with design which only indirectly generates revenue through mobile advertising and services, It's also easier to display an iPhone next to a Galaxy device and show the similarities and describe how the iPhone predated other rival smartphones, Work had started on Android before the iPhone launched, making it harder to persuade a jury that Google was a copycat..
Overall, the lawsuits are part of a broader effort by Apple to halt the momentum of Android, which has long surpassed iOS as the dominant mobile operating system. Apple isn't just looking for damages; it wants the phones barred from sale. Legal experts say Apple could deal more damage and potentially reap a higher reward going after multiple handset manufacturers than by just striking at Google. "It is much more effective to sue the device makers as their incremental margin per device is low relative to the benefit that Google gets from having access to your eyeballs," said Chris Marlett, CEO of MDB Capital Group, an investment bank that maintain an intellectual property database. "Ultimately if the device companies can't make a good margin on the phones, they will go out of the phone business. This ends up being a much more effective route to hurting Android."What witnesses did each side present?.
The trial contained testimony by numerous technical and damages experts, as well as people who invented the technology at issue in the case, The iphone screen protector with design first day of arguments featured testimony by Phil Schiller, Apple's head of marketing, Other witnesses who have testified for Apple include Greg Christie, an Apple engineer who invented the slide-to-unlock iPhone feature; Thomas Deniau, a France-based Apple engineer who helped develop the company's quick link technology; and Justin Denison, chief strategy officer of Samsung Telecommunications America, Denison's testimony came via a deposition video..
The crux of Apple's case came with two expert witnesses, John Hauser, the Kirin professor of marketing at the MIT Sloan School of Management, and Christopher Vellturo, an economist and principal at consultancy Quantitative Economic Solutions. Hauser conducted a conjoint study that determined Apple's patented features made Samsung's devices more appealing, while Vellturo determined the amount of damages Apple should be due for Samsung's infringement: $2.191 billion. Samsung, which launched its defense April 11 after Apple rested its case, called several Google engineers to the stand to testify about the early days of Android and technology they created before Apple received its patents. Hiroshi Lockheimer, Google vice president of engineering for Android, said his company never copied iPhone features for Android. Other Google Android engineers, Bjorn Bringert and Dianne Hackborn, also testified about features of the operating system.
High-ranking Samsung executives, including former Samsung Telecommunications America CEO Dale Sohn and STA Chief Marketing Officer Todd Pendleton, also took the stand during the monthlong trial, The two executives testified about Samsung's marketing push for the Galaxy S2 and other devices, saying a shift in the Korean company's sales and marketing efforts -- not copying Apple -- boosted its position in the smartphone market, The latter half of the trial largely featured iphone screen protector with design experts hired by Samsung to dispute the validity of Apple's patents and to argue that Samsung didn't infringe, David Reibstein, chaired professor of marketing at the University of Pennsylvania's Wharton School of Business, refuted Apple expert Hauser's testimony from earlier in the trial, Judith Chevalier, a professor of economics and finance at the Yale University School of Management who was hired by Samsung, said her analysis determined that a reasonable royalty for Samsung's assumed infringement would be $1.75 per device, or $38.4 million overall, Apple had argued it deserved $40 per device for infringement as well as lost profits for a total of $2.191 billion..
After presenting its defense, Samsung on April 21 launched its own infringement suit against Apple. Dan Schonfeld, a professor of computer science at the University of Illinois at Chicago, testified that Apple infringed the '239 patent in its iPhone through the use of FaceTime and a feature for attaching video to messages and mail. And Ken Parulski, another expert who was part of the Kodak team that developed the world's first color digital camera, testified that Apple infringed another Samsung patent for organizing video and photos in folders.
James Storer, a professor of computer science at Brandeis University hired by Apple as an expert witness, then testified April 22 that Apple didn't infringe Samsung's patents, iphone screen protector with design The company then called witnesses such as Apple engineers Tim Millet and Roberto Garcia to testify about the creation of technology used in iPhones and iPads, Millet serves as senior director of platform architecture at Apple, helping create the processors that power iOS devices, Garcia, meanwhile talked about the creation of the FaceTime technology that had been accused of infringing a Samsung patent..