Witness Stirs Tension In Apple Samsung Case

Apple has cited a study that suggests customers would pay up to $100 to have its patented features in Samsung products.In the US court case between the two companies, Apple summoned Massachusetts Institute of Technology marketing professor John Hauser. Hauser ambiguously presented survey findings which revealed Samsung customers would pay between $39 to $100 for patented Apple features; features Samsung has been accused of infringing. Worse yet, Hauser revealed the information in a fashion that is damaging to Samsung.

Both Apple and Samsung are allocated 25 hours to make their case. So far Samsung has already used up more time cross examining witnesses than Apple, and Hauser’s testimony was another strategy devised by Apple to burn more of Samsung’s time.

When Apple called Hauser to the stand, he displayed just one slide and he barely explained the survey’s findings. CNet’s Josh Lownsohn has described the testimony as “unquestionably the shortest time from any expert witness on the stand.”

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Rather than naming the features, Hauser has laid out the information according to the patent numbers, begging more questions to be asked. Source: CNet

The survey revealed owners of a $199 smartphone would pay an extra $39 for Apple’s pinch to zoom feature, while $499 tablet owners valued it at $45. Smartphone users were happy to spend in excess of a $100 for a combination of Apple patents (pinch to zoom, bounce back, double tap), whereas tablet users would spend $90. 

While being examined by Apple attorneys, Hauser failed to reveal the survey’s sample size, who conducted it and how the information was ascertained.

It was only when Hauser was prompted by Samsung’s attorney, Bill Price, that he revealed the data came from an internet survey conducted by an outside firm with an unmentioned number of participants. Price questioned whether it would make sense for computer makers to compound costs for additional features when the hardware is readily available. 

It appeared Hauser was only too happy to talk about the findings on Samsung’s time, and fed up with the delivery and length of his responses, Price succumbed to the tension.

“I’m trying to help you,” Hauser said.

“I don’t know about that,” Price replied.

Samsung spent much of its time on Friday cross-examining Apple witnesses and, according to Lowensohn’s account, at stages nearly yelled at them over concerns they may have left details out or not have tested the questioned devices accurately.

Samsung will be cross examining Apple witnesses over next week, after which Samsung will begin to call its own witnesses.