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Apple v. Samsung begins today, but don't expect Perry Mason-like court case

Posted: , by Alan F.

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Apple v. Samsung begins today, but don't expect Perry Mason-like court case
Today is the opening day of the Apple v. Samsung trial and if you expect that a verdict will be handed down today after a dramatic courtroom confession, well, you;ve been watching too much television. The sands of justice move much more slowly than how the courtroom process is pictured on television. First, as this is not a criminal trial, no one is going to jail at the end of the case and the jury does not have to find a reasonable doubt. Their verdict is based on which of the two sides the preponderance of evidence favors.

If you thought that there would be a decision today, forget it. Today, the trial begins with the painstaking selection of the jury known as voire dire. During this process, each side will be able to question the jury. Each side will be able to toss a certain number of candidates for no reason other than the attorney doesn't like the cut of his suit. Those brandishing an Apple iPhone or a Samsung branded handset will probably get tossed.

Samsung says its mockups show it did not change design after the launch of the Apple iPhone

Samsung says its mockups show it did not change design after the launch of the Apple iPhone

Depending on how long a day Judge Lucy Koh has scheduled for the trial the jury seating process could take a few days. After all, this is a critical part of the trial because the jury ultimately decides the verdict. Once the jury is seated, both sides get to read their opening argument. This is what we might call a "road map" of the trial. Each side will present to the jury what they intend to prove and how they intend to prove it. There is a lot more leeway in what the attorneys can say, so listen carefully to this part of the trial.

Now comes the meat and potatoes. Each side presents its case. We hear testimony and then the other side cross-examines the witness. Apple will go first, followed by Samsung. Once both sides "rest", the attorneys each have a closing argument which recaps their case and pokes holes in the opposition's case. The jury then hears the final instructions from the judge, which is a set of rules that the jury is suposed to take into consideration while making their decision.

After the jury deliberates, a decision is reached. There is no dramatic courtroom confession and the whole trial can take months. Hang on, it's gonna be a long ride.

source: BBC

83 Comments
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posted on 30 Jul 2012, 11:33

1. djteqneek (Posts: 8; Member since: 10 Jul 2012)


cut of his jibe? meet and potatoes? o_O

posted on 30 Jul 2012, 16:35 3

65. Angkor (Posts: 108; Member since: 05 Jul 2012)


Apple will win this fight with billions of dollars to spend on Lawyers and pay Judge Koh to be on Apple side. The "Looks and Feels" of slavish copied by Samsung Galaxy S should never affected Galaxy S3 with totally difference "Looks and Feels" but Judge Koh is going to ban it any way if Apple win the case.

Judge Koh is blinded by Apple money or discrimination against Samsung of foreign company.

posted on 31 Jul 2012, 02:08

81. Mark.J.Linskiy (unregistered)


The interesting things is, isn't she Korean? Does she have something against Koreans (Samsung)? Lol..

posted on 30 Jul 2012, 11:39

2. ChiX017 (Posts: 308; Member since: 09 Nov 2011)


:(...

posted on 30 Jul 2012, 11:41

3. structureman116 (Posts: 140; Member since: 14 Sep 2010)


I think you mean "meAt and potatoes", not "meEt and potatoes"

posted on 30 Jul 2012, 16:43 1

66. Droid_X_Doug (Posts: 5993; Member since: 22 Dec 2010)


That is the delusional part of taco - he persists in claiming that the sun rises in the west and sets in the east, despite all evidence to the contrary.

posted on 30 Jul 2012, 12:32 4

15. Droid_X_Doug (Posts: 5993; Member since: 22 Dec 2010)


You would have to get links to his imagination. It is all a figment of his imagination.

posted on 30 Jul 2012, 11:45 14

4. andro. (Posts: 1999; Member since: 16 Sep 2011)


Looking at Samsungs family tree of phone designs its easy to see their phones evolved from their early designs and not copied apples,but then if apple releases something black and rectangular than anything else sporting that colour or shape is an obvious blatant copy!

posted on 30 Jul 2012, 12:21 4

7. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


Actually it's very obvious after the iPhone/iPad came out Samsung went out of their way to copy Apple's designs. Samsungs designs looked nothing like Apples before the iPhone.

posted on 30 Jul 2012, 12:27 17

9. iamcc (Posts: 1319; Member since: 07 Oct 2011)


Taco,

Can I have links to your sources? I'm writing an essay on bulls**t.

Thanks dude!

posted on 30 Jul 2012, 12:36 2

17. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


http://www.phonearena.com/news/Apple-claims-Samsung-knew-its-Galaxy-line-took-its-design-cues-from-Apple-and-was-warned-by-Google_id32656

Pictures of similarities between Samsung and Apple products

http://samsungcopiesapple.tumblr.com/

posted on 30 Jul 2012, 12:38 2

18. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


http://www.phonearena.com/news/11-patents-belonging-to-Apple-and-Microsoft-that-Android-has-been-found-to-have-infringed_id31785

posted on 30 Jul 2012, 12:51 6

23. tedkord (Posts: 13019; Member since: 17 Jun 2009)


They just showed you pictures of Samsung's mockups from years before the iPhone. Very similar to after.

Do you realize how many patents Apple is infringing. Actual tech patents, not things like shapes and colors and the stolen swipe to unlock.

posted on 30 Jul 2012, 13:06 10

27. gwuhua1984 (Posts: 1237; Member since: 06 Mar 2012)


When did any of taco's comments and sources ever held any validity...?

posted on 30 Jul 2012, 13:17 3

28. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


So why did Google warn them to chill out and differentiate their product?

posted on 30 Jul 2012, 13:19 10

29. networkdood (Posts: 6330; Member since: 31 Mar 2010)


Because they know that APPLE would cry and run to their mommy...lol

posted on 30 Jul 2012, 13:23 3

30. biophone (Posts: 1994; Member since: 15 Jun 2011)


The black rectangle argument while funny is such an oversimplification and for those who have a good eye for design can see right through. Samsung is trying to capture apple's brand identity and replicate that in there products. Sometimes to an insane degree. Shown by this (thanks taco) :http://samsungcopiesapple.tumblr.com/
Look every other company managed to make a unique black rectangle. Look at HTC and MOTOS phones. The razr, x, rezoned, one x and so on for example. In my opinion the SGS3 is fine too but prior to that samsung did copy apple and there tablets still do. I don't agree with apple lawsuits as they are overblowing the whole thing but to claim that there is no validity is incredibly close minded. Go ahead now everyone and call me a fanboy or whatever I don't care. Everyone he didn't call apple the devil he must be a fanboy!!!

posted on 30 Jul 2012, 13:28 4

32. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


Exactly, Motorola and HTC, Sony, etc have made functional phones without looking just like iPhones. Why does Samsung have to copy Apples proprietary chargers for example? Why copy the packaging and their stores?

I can see not agreeing with Apple's strategy of banning products, but it's very obvious Samsung has a strategy of making money off Apple's designs.

posted on 30 Jul 2012, 13:39 2

35. biophone (Posts: 1994; Member since: 15 Jun 2011)


Exactly if all these other companies are making unique phones why wasn't samsung. They all have very unique brand identities however samsung always has seemed to been inspired by apple and has flat out copied them exactly in the past. The charger and packaging are great examples. Maybe we might disagree on what should be the outcome as I believe banning them is going to far but they are guilty!

I think the reason why samsung is doing this is they want the loyalty of the users like apple has and wan't apple users to switch over so the familiar design would entice them and they didn't expect apple to stick up for themselves. Lets face it they were jealous decided to copy apple and made a killer phone otherwise. The formula worked but now that they realized apple would sue them they backed off with the SGS3. Which I think they have just come to realize it wasn't about stealing apple's brand identity it was really about what the phone could do that made that made phone sell so well. Sure S-voice was clearly meant to piss off apple but hey at least the actual design was fine. I don't think google voice copies siri thats unique. Samsung clearly tried to knock off the UI and name. As they did with touchwiz 1 and 2 and to a much lesser extent 3.

posted on 30 Jul 2012, 13:54 2

36. darkkjedii (Posts: 22943; Member since: 05 Feb 2011)


Very true, androidiots will thumb down anything apple won't they.

posted on 30 Jul 2012, 13:55 3

37. tedkord (Posts: 13019; Member since: 17 Jun 2009)


My last two Samsung phones had microusb chargers, which is an industry standard.

The first was an Omnia2, a WinMo phone from 3 or so years ago. And now the Galaxy S3.

posted on 30 Jul 2012, 13:58 1

39. onilink67 (Posts: 8; Member since: 18 Jun 2012)


Its understandable to think that the charger was copied as they are both 30 pin thin charges where in fact Samsung uses an open standarded PDMI connector much like the Dell Streak (different pinout) and a few other devices out on the market. On tablets it makes sense to have more pins for more functionality but in the end PDMI connectors have been out for years long before Samsung used them.

posted on 30 Jul 2012, 13:58 7

40. Gsmalltheway (Posts: 185; Member since: 15 Aug 2009)


just looked at the links you posted, How can you say the galaxy nexus looks like the iphone??

posted on 30 Jul 2012, 14:17 5

42. Droid_X_Doug (Posts: 5993; Member since: 22 Dec 2010)


"How can you say the galaxy nexus looks like the iphone??"

Very easy. He is deluded. If Apple's case against Sammy was as much of a slam-dunk as taco maintains it is, Apple would have filed a motion for summary judgement. They didn't file the motion because their case is not a slam-dunk.

posted on 30 Jul 2012, 14:24 1

43. gwuhua1984 (Posts: 1237; Member since: 06 Mar 2012)


Can we call that stereotyping???

It's just like saying all Asians look the same, but in fact we look very different if you want to go into details.......

posted on 30 Jul 2012, 14:36 11

45. D.Aceveda (Posts: 396; Member since: 30 Jun 2012)


Taco shut the f**k up

posted on 30 Jul 2012, 14:46

48. thedarkside (Posts: 654; Member since: 30 Apr 2012)


he never post links.

posted on 30 Jul 2012, 14:51 3

49. andro. (Posts: 1999; Member since: 16 Sep 2011)


Taco I suggest just you look at the photo above again and if you still cannot see Samsung more recent phones looking like they evolved from their pre iPhone handsets then I recommend you visit your nearest doctor as your retinas must have detached!

posted on 30 Jul 2012, 14:57 4

50. gwuhua1984 (Posts: 1237; Member since: 06 Mar 2012)


No no, he does, but the links usually doesn't support his argument or doesn't hold validity... it's galito who doesn't post links, because he wants you to google it yourself...

posted on 30 Jul 2012, 14:58

51. structureman116 (Posts: 140; Member since: 14 Sep 2010)


I think there is no validity whatsoever to claim a shape and a color as solely your own design, and feel you have the right to sue over it. Here is a phone that was released long before the original design of the iphone...it is predominately black and is rectangular with a touch screen. The only thing missing is the rounded corners and it has an external antenna! http://www.phonearena.com/phones/Samsung-SCH-i730_id1032 For Apple to be able to sue over a basic shape and color being used that have been around for all of mankinds existence is ridiculous. This crap shouldn't even make it to trial. Lets not forget also than Apple thinks their "design" is worth $24 per unit, yet the technology that belongs to Samsung that Apple uses (without which an iphone would be an ipaperweight) is worth less than half a cent per unit? Courts need to stop entertaining Apples BS lawsuits and save us taxpaters some damn money!

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