/// Men in Black Suits II: Apple-Samsung Retrial Suffers From Sequel’s Curse

November 18, 2013  |  All Things Digital


The original Apple-Samsung trial had it all — a gripping plot, stellar cast and lots of intrigue. Unfortunately, like all too many sequels, the current retrial feels like just a rehash of something that was admittedly a pretty good show the first time. Where the initial trial brought revelations including new sales figures , early iPhone prototypes and juicy insights into how Apple designs its products , no such new ground is being traversed this time around. And, while the last trial was about dueling perspectives on innovation, this one is just about money. The first jury already decided which Samsung products infringed on which Apple products. But the judge concluded that the original jury erred in how it calculated a portion of the more than $1 billion in damages it awarded. Apple says Samsung owes it an additional $379 million in damages for the products at issue, while Samsung says $52 million is a proper figure. From a cinematic point of view, the best thing one can say about this installment is that it is short. Each side is allowed only eight hours of witnesses, compared to the 25 hours both parties had during the original trial. Testimony is due to wrap up today, with closing arguments expected Tuesday. Perhaps the biggest star in the retrial, Apple marketing head Phil Schiller, took the stand late last week, beginning his testimony Thursday and wrapping up on Friday morning. But most of what he said dealt with the kinds of details surrounding the iPhone launch that he shared the last time he was on the stand . On the bench is the always entertaining Lucy Koh, the same federal judge who presided over the first case. Koh, a rising star, is known for her sharp wit and strict adherence to the clock. She famously suggested during the first trial that one of Apple’s lawyers was smoking crack if he thought he had time to call as many witnesses as he proposed. The supporting cast is also familiar, including many of the same lawyers, expert witnesses, etc. Like any big Hollywood production, though, there were at least enough good moments to make for a decent trailer. Some of the best drama came before the trial itself, during jury selection. Judge Koh dismissed 11 prospective jurors found chatting about the case

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Men in Black Suits II: Apple-Samsung Retrial Suffers From Sequel’s Curse



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