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The Ball Is Now In The Hand Of The Jury In The Apple Vs. Samsung Trial

Apple and Samsung have both finished presenting their cases and evidence in the patent infringement trial of the twenty-first century at San Jose, California. The closing arguments will be made before the jury on August 21. The jury plans to start its deliberations the following day, August 22.

Apple vs. Samsung
The final day of testimonies was Aug. 17, when both Apple and Samsung had presented rebuttal witnesses to strengthen their cases. Apple claims $2.5 to $2.75 billion in damages from Samsung, stating that the South Korean manufacturer slavishly copied its iPhone and iPad products. During his testimony, Phil Schiller said that Samsung “has ripped off a number of our design elements”, and this type of copying leads to confusion in the marketplace affecting iPhone and iPad sales.

Another important element in Apple’s case against Samsung was the 132-page document (an internal report leaked from Samsung), which compared the similarities of the iPhone to the Android Smartphone. On the other hand, Samsung has turned the tables on Apple by claiming the Cupertino-based company violates design patents of its products. They went on to also challenge the validity of Apple patents, claiming it is based on already existing technology, which is called in patent law terminology “prior art”.

Apple focused its witnesses around Samsung assertion that it has copied the South Korean manufacturer’s patented technology for connecting a Smartphone to a cellular network. One of Apples witnesses was Michael Walker, who is a telecommunication expert from UK. Michael has served on the ETSI (European Telecommunications Standards Institute), which sets the standards in Europe. According to Walker’s testimony, Samsung failed to disclose to the ETSI, patents it held for the cell utility technology. Apple’s argument was that Samsung forfeited its patents rights by failing to do so. While Samsung’s reply was that the technology fell outside the purview of the Institute.

On Monday, Aug. 20, however, Samsung CEO announced that he will make a phone call to his counterpart at Apple, Tim Cook, to see if they can settle the patent infringement dispute, before the jury starts deliberating. According to Bloomberg, both company’s lawyers will report to the US District Judge Lucy Koh about the outcome of Monday’s discussion.

Samsung is also seeking $399 million royalties from Apple for patent violation, the court testimony shows. We will keep you posted about the final outcome.

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