| SAN JOSE, Calif.
SAN JOSE, Calif. Nov 15 A top Apple Inc
executive testified on Friday that Samsung Electronics
Co Ltd undermined his company's marketing efforts,
reputation and business by selling devices that copied the
iPhone and iPad.
Apple marketing chief Phil Schiller appeared as a witness
during a damages retrial between the two companies in a San
Jose, California, federal court. Schiller also denied that Apple
launched the iPad mini as a response to competition in the
tablet market, saying Apple was merely trying to make a better
"Its much harder to create demand and people question our
innovation and design skills like people never used to,"
Schiller said, adding that Samsung, "weakened the world view of
Apple as this great designer and innovator."
Apple and Samsung are engaged in global litigation over each
other's patents. Last year, Apple was awarded over $1 billion
after it convinced a jury Samsung copied iPhone features, such
as using fingers to pinch and zoom on the screen, along with
design touches such as the phone's flat, black glass screen.
However, in March U.S. District Judge Lucy Koh ordered a
retrial on about $400 million in damages, ruling that the
previous jury made some errors in its calculations. Samsung
manufactures phones that use the Android operating system, which
is developed by Google Inc.
Apple argued Samsung should pay $379.8 million for violating
five patents on the iPhone. Samsung said Samsung should only
have to pay about $52.7 million.
Part of Apple's argument to recover lost profits is that
Samsung customers would have bought iPhones had Samsung phones
not incorporated Apple's patented features.
Samsung copied, "many attributes of Apple's products; its
designs and features ... the very essence of what Apple is
about," Schiller told the jury. "If we don't have that, we don't
have Apple's business."
Schiller has led Apple's marketing efforts since the iPhone
was launched in 2007. He touted the pioneering design and
"ease-of-use" of Apple's products before the six woman, two man
Under cross-examination, Samsung attorney William Price
tried to push Schiller to concede that Apple was not the first
to create an attractive and easy-to-use phone.
"Apple doesn't own a patent on a product being beautiful or
sexy, isn't that correct?" Price asked.
"The industry does tend to follow trends of products that are
doing well," Schiller said.
Price also tried to get Schiller to admit that Apple
followed Samsung's lead in introducing smaller tablets by
offering its iPad mini. But Schiller said the introduction of
the mini "had nothing to do with competition."
"We were simply trying to make our product better," Schiller
Schiller was the last of Apple's six witnesses. Samsung is
expected to begin presenting witnesses on Friday, and Koh has
set closing arguments for Tuesday.
The case is Apple Inc v. Samsung Electronics Co Ltd, U.S.
District Court for the Northern District of California, No.