Earlier, an attorney for Apple told the jury that bitter rival Samsung faced two options to compete in the booming cellphone market after Steve Jobs introduced the iPhone to critical acclaim in 2007: Innovate or copy.
Although the bone of contention is the allegedly infringing outward appearance of Samsung’s smartphones and tablets — "trade dress" in patent law lingo — Apple says that it is entitled to revenues from the whole enchilada.
Samsung “has copied the entire design and user experience” of Apple’s iPhone and iPad, McElhinny told a jury during his opening statement at the patent trial involving the world’s two largest makers of cellphones.
McElhinny showed the jury a slide depictinginternal Samsung discussions about making changes to its devicesto match those of the iPhone and iPad.
In his opening statement, Samsung attorney Charles Verhoeven countered that the South Korean company employs thousands of designers and spends billions of dollars on research and development to create new products.
SAN FRANCISCO With billions of dollars and control of the US smartphone and computer tablets markets at stake, jury selection began Monday in a closely watched trial between two of the world’s leading tech companies over patents.
Samsung seeks money damages from Apple for allegedly infringing the ’941, ’516, ’711, ’460, and ’893 patents by making, importing, using, selling and/or offering for sale Apple’s iPhone, iPad and iPod products that Samsung argues are covered by claims 10 and 15 of the ’941 patent, claims 15 and 16 of the ’516 patent, claim 9 of the ’711 patent, claim 1 of the ’460 patent, and claim 10 of the ’893 patent.
Verhoeven asserted that Apple is like many other companies that use similar technology and designs to satisfy consumer demands for phones and other devices that play music and movies and take photographs.
For example, he said several other companies and inventors have filed patent applications for the rounded, rectangular shape associated with Apple products.
Samsung denies that its products infringe or dilute Apple’s trade dress and contends the trade dress is invalid.
A verdict in Apple’s favor could lead to banishment of Samsung’s Galaxy products from the US market, said Mark A.
Samsung lawyers noted that the company has been developing mobile phones since 1991 and that Apple jumped into the market only in 2007.
Lemley, a professor and director of the Stanford Program in Law, Science, and Technology.
Court ordered mediation sessions attended by Apple’s chief executive Tim Cook and high ranking Samsung officials failed to resolve the legal squabble, leading to a highly technical trial of mostly expert witnesses opining on patent laws and technology.
The witness lists of both sides are long on experts, engineers and designers and short on familiar names.
SAN JOSE, California
Apple designer Christopher Stringer spent many of his 17 years at the company developing the company’s iconic iPhone and iPad.
Dressed in a tan suit, the bearded and long haired designer said because of Apple’s desire to create original products, he and his co workers surmounted numerous engineering problems such as working with the products’ glass faces in producing both products over a number of years.
Stringer said he was upset when he saw Samsung’s Galaxy products enter the market.
‘- Apple designer Christopher Stringer”We’ve been ripped off, it’s plain to see,” Stringer said.
The trial resumes Friday with the testimony of Apple senior vice president for marketing Philip Schiller.
Last year and is demanding $2.5 billion in damages, an award that would dwarf the largest patent related verdict to date.
The case is just the latest skirmish between the two companies over product designs.
A similar trial began last week, and the two companies have been fighting in other courts in the United Kingdom and Germany.
The jury members had earlier said they hadn’t been following the case, so Judge Lucy Koh brought them up to speed.
An employee of South Korean mobile carrier KT holds an Apple Inc’s iPhone 4 (L) smartphone and a Samsung Electronics’ Galaxy S II smartphone as he poses for photographs at a registration desk at KT’s headquarters in Seoul, August 25, 2011.
In addition, Samsung alleges Apple is using some of Samsung’s own inventions without payment, such as a computer chip at the heart of the iPhone.
Samsung denies the allegation and counter charges that Apple copied its iconic iPhone from Sony.
You go make your mobile phones and if youd like to use our components, thatd be great.
Apple’s lawyer said the similarities between its iPhone andiPad and Samsung’s smartphones and tablets go beyond thataccepted practice.
First, a juror pleaded with the judge to be released from the trial, saying she suffered a panic attack and spent a sleepless night after belatedly discovering that her employer would not pay her salary while she served.
A sympathetic judge granted her request and left the jury with nine members.
Then the judge rebuked John Quinn, one of Samsung’s attorneys, for refusing to stop a line of legal argument the judge said she had ruled on numerous times.
“Mr Quinn, don’t make us sanction you,” the judge said as the lawyer continued his argument.
Quinn relented and sat down, but his tenacity underscored the high stakes of the trial that is costing both sides millions of dollars in legal fees and expenses.
Battalions of lawyers from prestigious law firms are working overtime to file myriad court documents.
The most senior lawyers on each side charge upward of $500 an hour for their representationLegal experts said that most patent disputes are resolved way before trials that can bring unpredictable and ruinous verdicts.
“A patent case of this magnitude has the possibility of impacting phone technology for years to come,” said Manotti Jenkins, a patent attorney with no stake in the trial.
“Given the substantial revenue that is generated by smartphone technology, companies are likely to prompt more litigation of this type and continue to use the courts as an attempt to protect and expand market share.”.
Emma Moore is a business journalist based in Melbourne, Australia. Emma has a passion for financial markets and breaking news stories and loves writing about business news, stock market, and economic opinions that matters most to its audience. Emma spends a lot of time discovering and researching latest financial markets and industry news stories in order to make sure the latest and greatest stories are brought to you first on BigBoardNews.com.