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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: 135; Member since: 14 Sep 2010)


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

posted on 30 Jul 2012, 11:45 14

4. andro. (Posts: 1936; 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, 12:32 4

15. Droid_X_Doug (Posts: 5605; 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, 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, 12:36 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, 12:51 6

23. tedkord (Posts: 4504; 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: 6261; Member since: 31 Mar 2010)


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

posted on 30 Jul 2012, 14:36 11

45. D.Aceveda (Posts: 359; Member since: 30 Jun 2012)


Taco shut the f**k up

posted on 30 Jul 2012, 14:46

48. thedarkside (Posts: 652; Member since: 30 Apr 2012)


he never post links.

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, 15:25

57. thedarkside (Posts: 652; Member since: 30 Apr 2012)


some how he snuck two by me.

posted on 30 Jul 2012, 18:32 1

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


Don't worry, you probably won't notice most of them. They sources usually go unnoticed, because who knows if any of it was really valid coming from pro-Apple sites.

posted on 30 Jul 2012, 18:36 1

76. thedarkside (Posts: 652; Member since: 30 Apr 2012)


i dont trust anything he post because he is a troll.

posted on 30 Jul 2012, 13:54 2

36. darkkjedii (Posts: 10527; Member since: 05 Feb 2011)


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

posted on 30 Jul 2012, 19:08 1

78. darkkjedii (Posts: 10527; Member since: 05 Feb 2011)


Lol told u so

posted on 30 Jul 2012, 13:58 7

40. Gsmalltheway (Posts: 147; 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: 5605; 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, 15:17

53. Droid_X_Doug (Posts: 5605; Member since: 22 Dec 2010)


How is posting that someone is deluded stereotyping (especially when that person has a reputation for making stuff up to suit their respective position)? Stereotyping generally involves statements made about a group of people and extending the stereotype to individual group members. Perhaps you could answer my question to taco - why hasn't Apple's attorneys filed a motion for summary judgement if the case against Sammy is so strong?

posted on 30 Jul 2012, 16:27 1

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


You must've misunderstood my post. I wasn't talking about you stereotyping, I was talking about taco. Apparently, anything that look similar to Apple products are copying Apple, despite the design having a longer history.

posted on 30 Jul 2012, 16:43 1

66. Droid_X_Doug (Posts: 5605; 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, 14:51 3

49. andro. (Posts: 1936; 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, 18:09 3

69. jroc74 (Posts: 4720; Member since: 30 Dec 2010)


Samsung's F700 had one single home button and round corners either right when the iPhone released or a few months before..

You mean to tell me they had to keep designing phones exactly like the F700 because Apple released the iPhone?

Hogwash.

If Apple really wants to sue Samsung for copying, why not start with the F700?

Thank GOD Apple isnt in the HDTV industry.....or the game console industry, or the car industry...or [insert industry here]

posted on 30 Jul 2012, 19:09 1

79. darkkjedii (Posts: 10527; Member since: 05 Feb 2011)


Even down to there chargers and packages.

posted on 30 Jul 2012, 13:23 3

30. biophone (Posts: 1893; 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: 1893; 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, 16:44 1

67. SonyFTW2020 (Posts: 305; Member since: 03 May 2012)


Loading...

posted on 30 Jul 2012, 13:55 3

37. tedkord (Posts: 4504; 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, 14:58

51. structureman116 (Posts: 135; 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!

posted on 30 Jul 2012, 18:14 1

70. jroc74 (Posts: 4720; Member since: 30 Dec 2010)


Explain then why did Apple try to sue Motorola ....for the XOOM....for hardware?

Where does it look like an iPad, the front? So.....Apple is trying to patent black borders, borders widths....

Touchwiz does look very Apple-ish. But when Samsung has a phone that resembles the iPhone from years ago....how come they cant be seen as building off of that? They cant have a smaller home button because Apple called dibs?

posted on 30 Jul 2012, 11:54 7

5. ivanko34 (Posts: 617; Member since: 04 Sep 2011)


Apple will win
Samsung will appeal
Hate against apple will rise
More people will move from iphone to galaxy
Apple will launch more lawsuits
Forever

posted on 30 Jul 2012, 12:29 7

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


This. I had a patient in my office a few days ago telling me about his new phone. I asked what it was and this is how the conversation went:

Patient: "Yeah, I got this new... I don't know... One something?"
Me: "Oh, the One X! That's a sweet phone."
Patient: "Yeah! It's the one Apple was trying to ban!!!"

Yes. The fact that Apple was trying to stop the phone from being sold actually sold this guy on the phone.

Thanks Apple! Keep up the good work you f**king idiots!

posted on 30 Jul 2012, 12:39 2

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


Didn't even know the name of the phone and you attack Apple users for being uneducated.

posted on 30 Jul 2012, 14:08 6

41. EclipseGSX (Posts: 1575; Member since: 18 Oct 2011)


Like people calling it the iPhone 4G?

posted on 30 Jul 2012, 14:37 2

46. D.Aceveda (Posts: 359; Member since: 30 Jun 2012)


You're an idiot.

posted on 30 Jul 2012, 15:21 7

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


Taco,

I never said Apple users were uneducated, this was also a 65 year old man we are talking about.

Regardless, you are (as always) an idiot.

posted on 30 Jul 2012, 22:11

80. Sackboy117 (Posts: 178; Member since: 17 Oct 2011)


someone assumed a bit too early :-)

posted on 31 Jul 2012, 09:06

82. thedarkside (Posts: 652; Member since: 30 Apr 2012)


taco you prove to everyone that iphone users arent educated.

posted on 30 Jul 2012, 15:30

60. Tre-Nitty (Posts: 460; Member since: 16 Nov 2010)


You lying!

posted on 30 Jul 2012, 11:58 5

6. PAPINYC (Posts: 2237; Member since: 30 Jul 2011)


'The sands of justice move much more slowly than how the courtroom process is pictured on television'.

I think it's safe to say that 'the sands of justice' move more like an iPhone on a 3G bandwidth.

posted on 30 Jul 2012, 12:27

10. Hammerfest (Posts: 368; Member since: 12 May 2012)


Oh it will move fast, Apple has already paid off its former designer, Judge Koh, and very shortly, any/all of the jury...

I expect half or more of the jury to be iPhone users, and seeing as only 3 iPhone users I know have even the slightest knowledge beyond what they get spoon fed to them by Apple employee's or other MAC users who are ignorant of CHOICES beyond their Walled Garden (TM)... well at least we know whos willing to buy whomever they have to, in order to win that is...

posted on 30 Jul 2012, 12:29

12. Droid_X_Doug (Posts: 5605; Member since: 22 Dec 2010)


More like an iPhone on the EDGE network. Regardless of the trial outcome, there will be an appeal. This ain't over by a long shot.

posted on 30 Jul 2012, 12:23 1

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


I think Samsung is in a lot of trouble. It's already plain to see that Samsung copied Apple. Now with the evidence that's leaked out over the past few days it's looking even worse. Along with that Samsung has already been reprimanded for destroying evidence.

This could turn into an overwhelming defeat for Samsung.

posted on 30 Jul 2012, 12:30 3

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


Honestly, who the hell cares.

Apple is digging their own grave with this lawsuit nonsense. Anyone who isn't totally blind can see that.

Bring it on!

posted on 30 Jul 2012, 12:40 1

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


How is that? Apple is winning lawsuits against android and Samsung in particular.

posted on 30 Jul 2012, 12:59 2

26. tedkord (Posts: 4504; Member since: 17 Jun 2009)


And losing them, too. And being ridiculed by the presiding judge who offers them to pay on their website and in newspapers that Samsung did not copy them.

Apple has been batting about even on the lawsuits.

posted on 30 Jul 2012, 18:17 2

71. jroc74 (Posts: 4720; Member since: 30 Dec 2010)


Thank you...

Of course....Taco doesnt see or must be hibernating whenever Apple is on the wrong side of a lawsuit...

And Apple has even lost some that didnt have anything to do with Android. I guess those dont count....

posted on 30 Jul 2012, 15:24 3

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


How is that? Because the average consumer is not sucking Steve Jobs d**k every day and doesn't give two s**ts about Samsung "copying" Apple.

Anyone who actually likes their iPhone shouldn't care AT ALL who copies it. Why does it matter?

How does Samsung "copying" (not saying they actually do) Apple have ANY EFFECT WHATSOEVER on you as the user? NONE!

The only people who care about them winning lawsuits are dumb f**ks like you who can't think for themselves.

The reality is even if Apple won and banned every single Samsung device ever made then we would all just buy Android phones from someone else.

But... I don't know why i'm even bothering responding to you because you're too f**king stupid to understand logic anyways.

Go rub your iPhone.

posted on 30 Jul 2012, 15:43 1

63. willard12 (Posts: 734; Member since: 04 Jul 2012)


Apple's UK website will disagree with you in a few weeks.

posted on 30 Jul 2012, 12:33 1

16. Aeires (unregistered)


This could turn into an overwhelming defeat for Apple.

See how easy it is to take sides.

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