In the ongoing Apple vs. Samsung patent infringement retrial, an expert witness has opined that nobody purchases Samsung devices because of a particular Apple patent.
Michael Wagner, the expert witness who is an accountant and lawyer, has been hired by Samsung and he said there is no evidence that people buy Samsung products because of the particular 'pinch-to-zoom' Apple patent and is of the opinion that the Korean company should pay Apple $52 million in damages.
Recently, we reported that Samsung and Apple were entangled in a legal battle. According to Apple, 13 Samsung devices infringe five of its patents and the Korean company owes it $380 million. Samsung admitted to infringing Apple's patents, but disputed the quantum of damage and said it is $52 million.
Julie Davis, the expert hired by Apple determined that it was owed $114 million in lost profits since Samsung had used the "pinch-to-zoom" technology under Apple's patent No. 7,844,915. This patent covers technology which can differentiate if a user is scrolling or using several touch points at one go to perform the pinch-to-zoom action.
Wagner disputed Davis' calculations during the retrial on Friday, November 15, and said that she did not make a correct determination of Samsung's profits from the infringement and attached extra value to Apple's lost profit, which arose because of Samsung's use of the touchscreen technology patent.
Wagner is of the opinion that there is no evidence from either of the two companies which determines that consumers purchased Samsung devices since they liked the touchscreen feature specifically. Therefore, per him, Apple should not be entitled to any money for lost profits.
"I believe people bought these phones for other features," said Wagner.
Per Wagner other features, which include bigger AMOLED screens, faster processors, as well as 4G LTE support, prompted consumers to buy Samsung devices.
