updated 08:30 pm EST, Thu February 13, 2014
Ousted VP Scott Forstall also on list for possible testimony
In court filings on Thursday, both Apple and Samsung have presented their first-draft witness lists to Judge Lucy Koh for the upcoming second patent trial between the two smartphone giants. The trial, which is set to begin March 31, covers different patents and more recent products than those involved in the first patent trial, which Apple won. Among the witnesses for Apple is the company's Senior Vice President of Worldwide Marketing, Phil Schiller, while former SVP of iOS Scott Forstall appears on both Apple's and Samsung's list for possible deposition or testimony.
Forstall, who parted ways with the company over creative differences regarding the direction of iOS and specifically the flawed launch of Apple's Maps program, previously testified for the company during the first Apple-Samsung trial. Schiller has testified both in the previous patent trial and in the retrial over a disputed $400 million in damages from the original trial, which Apple again won -- with the jury deciding to re-award Apple almost $300 million of the disputed amount.
According to the lists, Samsung wants to ask Schiller about the "design, development, promotion, marketing, advertising, consumer demand for, and sales of the iPhone," presumably in a bid to get the executive to admit that no one specific patent or feature of the iPhone is solely responsible for its success. This line of thinking has not, thus far, stopped Apple from winning almost every single patent challenge between the two companies that has been decided, with the few remaining contests largely fought to a draw.
Samsung is still likely to appeal the decision from the first patent trial, which saw all of its own patent claims completely rebuffed and Apple awarded just over $900 million (from the original $1.03 billion judgement). Apple continues to appeal for product bans on the Samsung products found guilty in the first trial, not out of relevance (none of the products from the first trial are being made or sold anymore) but for precedent penalties for patent infringers.