Apple and Samsung are headed back to San Jose on November 12 to clash again over the retrial of their billion-dollar patent lawsuit that Apple won in 2012, and it looks like Scott Forstall might be coming back to testify as a witness for Apple.
The jury originally rewarded Apple $1.05 billion in damages, but after finding some errors in the awards, Judge Lucy Koh has cut $450 million from Apple’s award. Samsung and Apple filed a joint pretrail statement that listed the potential witnesses that might be called and both Scott Forstall and Apple’s marketing chief, Phil Schiller appeared on the list after both were witnesses at the orignal trial, before Forstall was fired.
Forstall was fired from Apple in October 2012 after refusing to apologize for the Apple Maps fiasco and has remained out of the spotlight ever since. Apple has also listed former Mac icon designer Susan Kare as a potential witness.
The new trial is seeking to cover the damages in the case after Judge Koh assessed that the jury may have miscalculated original damages. Apple is still set to receive $589.9 billion, but could receive more depending on the outcome of the trial when damages are assessed for each infringing patent, rather than the lump sum that was originally rewarded.