In front of the nine jurors, the lawyers of the two companies argued with accusations that the other side had shamelessly used patent-protected ideas. Apple offered additional insight into the previously little-known design process. And samsung’s attorneys angered the court with the unauthorized publication of prototype images, which judge lucy koh expressly did not want to deal with in the proceedings. Next witness to be heard on friday is apple marketing chief phil schiller.
Apple reiterated the core accusation that samsung had copied the iphone and ipad in a crude style. The south korean competitor made a conscious decision to copy apple’s devices in detail, attorney harold mcelhinny said in opening statements on tuesday, according to u.S. Media reports. As evidence, he demonstrated to the jury photos of samsung devices before and after the presentation of the iphone. He also presented an internal analysis of the south korean company from 2007, which states, among other things, that "the hardware is easy to copy".
The sudkoreans countered that apple had built the iphone and ipad on foreign ideas. In addition, the u.S. Company is trying to use technologies invented by samsung for free. As an example, samsung attorney charles verhoeven cited the function for sending pictures as e-mail – and appropriately presented a picture of it being demonstrated by apple founder steve jobs. Also the design of the iphone was not really invented by the other side. And apple can’t patent "rectangles," he said. Samsung had been "inspired" by the iphone, and apple had followed ideas from competitor sony, among others. Apple denies a "sony-track" and to samsung’s gross dissatisfaction has also managed to keep it largely out of the process.
The trial revealed for the first time the share of samsung components in apple devices: according to verhoeven, sudkorean components account for 26 percent of the price of iphone components. The apple lawyer replied that the samsung patents were not decisive for the success of apple’s advice.
At the beginning of the trial, samsung’s chief lawyer john quinn had an unusually loud exchange with judge lucy koh. Quinn demanded that pictures of some samsung prototypes from the time before the iphone be admitted as evidence after all. Koh referred to earlier negative ruling and threatened quinn with sanctions for further discussion. The samsung side then declared that the jury had been deprived of important evidence that the F700 model did not copy the iphone – and published a link to the pictures, which was deleted a little later. Judge koh saw this as an attempt to influence the jury and demanded an explanation from samsung’s lawyers.
As the first witness, apple designer christopher stringer said the core of the design team is only about 15 people strong and develops new ideas together at a rough "coffee table". Designing and building the iphone was a significant engineering challenge, he said. Many ideas were discarded until a "perfect" form was finally found. Even apple founder steve jobs was nervous about whether it would be accepted by users, given the unusual design at the time.
Meanwhile, ten jurors became nine on the second day of the trial. A woman asked to be excused from the task because her employer wouldn’t pay her during this time. The court agreed. Now seven men and two women will decide the case. The process was allowed to last at least until mid august. Apple seeks more than $2.5 billion in damages.
The trial in san jose is the high point so far in a patent war between the two companies that has been going on for more than a year. Background is the battle for dominance in the multi-billion dollar smartphone business. The android smartphone system is considered the real target of apple’s lawsuits against device manufacturers such as samsung, motorola and HTC. The trial clearly revealed the close ties between samsung and android: according to the samsung attorney, 90 employees in san jose work with google on the development of the operating system.