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Apple's Schiller, Forstall set to testify in retrial over Samsung damages

Apple's Schiller, Forstall set to testify in retrial over Samsung damages

The retrial may restore part of a $1 billion patent award to Apple that was later cut down

Apple and Samsung Electronics will return to a Silicon Valley federal court on Nov. 12 for a retrial of their billion-dollar 2012 patent battle, and Apple marketing chief Phil Schiller may come back to testify.

Apple won US$1.05 billion in damages in the case, but Judge Lucy Koh later cut about $450 million from that award because of errors by the jury. The retrial, again before Koh in the U.S. District Court in San Jose, could restore some of those damages.

On Friday, the two sides filed a joint pretrial statement and lists of potential witnesses they may call. Apple's list includes Phil Schiller, the company's senior vice president of worldwide product marketing, and Scott Forstall, the former senior vice president of iOS software. Forstall's departure was announced last October following the widely criticized launch of Apple Maps, which some observers said may have led to his firing. Both Schiller and Forstall also testified in the original trial.

Also on the Apple witness list is Susan Kare, who designed some of the icons for Apple's original Macintosh in the 1980s.

The new trial will only cover the damages in the case. Apple's award now stands at $598.9 billion for Samsung's infringement of its patents in 14 Android products. Apple will seek to get back some of the original damages that Koh removed.

The case is just one of many around the world in which Apple and Samsung are fighting over hardware and software patents on smartphones and tablets and the software they run.

Stephen Lawson covers mobile, storage and networking technologies for The IDG News Service. Follow Stephen on Twitter at @sdlawsonmedia. Stephen's e-mail address is stephen_lawson@idg.com

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