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Closing arguments have started in Apple v. Samsung patent trial

Posted: , by Alan F.

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Closing arguments have started in Apple v. Samsung patent trial
The long process known as the U.S. legal system has been on display over the last few weeks to millions who normally wouldn't give a damn about the inner workings of a trial. But because the plaintiff and defendant is Apple and Samsung, respectively, many who give a wide berth to legal matters have kept a close eye on this case. And now, the end is in sight.

After Judge Lucy Koh asked that the CEOs of both companies get together for one last meeting in an attempt to resolve the differences between the firms, the two execs shook hands but could not reach an agreement. With that last 'Hail Mary' attempt by the judge out of the way, closing arguments began in the courtroom on Tuesday with Apple's attorney telling the jury one more time that Samsung had infringed on Apple's patents and that the Cupertino based firm deserves to receive $2.5 billion to $2.75 billion from its rivals.

Apple's attorney Harold McElhinny gave his closing argument on Tuesday

Apple's attorney Harold McElhinny gave his closing argument on Tuesday

Later on Tuesday, Samsung's attorneys will give their closing arguments, trying to show that much of Apple's patents were invalid as Prior Art existed, and even if they were valid, Samsung did not infringe on them. There is also the matter of Samsung's cross-claim that Apple had infringed on Samsung patents, and for that the Korean manufacturer seeks $421.8 million from Apple.

After both sides are done, Judge Koh will address the jury and give them their instructions, or the rules by which they determine the victor of the trial. On Monday, Samsung won a major victory when the judge ruled that the jury will be told during the recitation of the instructions that both sides failed to hold on to internal emails as long as they should have. Previously, Judge Paul S. Grewal had ruled that jurors would be told that Samsung only had not kept its emails.

Tomorrow, after the instructions are read to the jury, deliberations will begin. A case as complex as this one will probably require some time to talk over the testimony and evidence. As we told you, the jury does not have to find that one side proved the other side guilty beyond a reasonable doubt. This is a civil case and not a criminal one which means that one side must prove merely by a preponderance of the evidence that the other side was liable.

source: AP

28 Comments
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posted on 21 Aug 2012, 16:37 5

1. xoutrageousx (Posts: 70; Member since: 22 Dec 2011)


Let's go APPLE!

posted on 21 Aug 2012, 17:06 20

7. SGSatlantis (Posts: 205; Member since: 20 Jul 2011)


Let's go to hell!

posted on 21 Aug 2012, 18:26 11

12. POLICE (banned) (Posts: 61; Member since: 21 Aug 2012)


That was funny. Lmao. Let's go to hell.... surely .

posted on 21 Aug 2012, 19:24 1

14. androiddownsouth (Posts: 598; Member since: 02 May 2012)


Why not? I'm pretty sure I'm on my way there currently lol. Now it's just a matter of jockeying for position!

posted on 22 Aug 2012, 11:47 1

26. androiddownsouth (Posts: 598; Member since: 02 May 2012)


Wow ppl can't take a joke lol.

posted on 22 Aug 2012, 02:54

23. anywherehome (Posts: 971; Member since: 13 Dec 2011)


why do you support such an immoral company? tell me....I really do not understand
sites.google [dot] com/site/corpsins/

posted on 21 Aug 2012, 16:38 2

2. 7ceez (Posts: 26; Member since: 08 Sep 2011)


Do we know what kind of phones the jury have lol

posted on 21 Aug 2012, 16:42 15

3. mas11 (Posts: 1026; Member since: 30 Mar 2012)


This case is so stupid.

posted on 21 Aug 2012, 16:43 5

4. ajac09 (Posts: 1341; Member since: 30 Sep 2009)


all this case means is SOMEONE will be paying pocket change to the other.

posted on 21 Aug 2012, 16:43 7

5. Santi_Santi (unregistered)


Charles Verhoeven.: "The reason Apple didn't provide any evidence of deception or confusion is because there isn't any," Apple is here asking you to prevent its largest competitors from giving consumers what they want: smartphones with big screens.
"Rather than competing in the marketplace, they are trying to win in the courtroom."

posted on 21 Aug 2012, 16:47 12

6. lyndon420 (Posts: 1687; Member since: 11 Jul 2012)


Go Samsung.

posted on 21 Aug 2012, 17:08 5

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


Good job Judge Koh for helping Samsung and kick Apple out of the court rooms.

posted on 21 Aug 2012, 17:34 10

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


Can't wait to hear the verdict

posted on 22 Aug 2012, 02:52

22. xtian1103 (Posts: 352; Member since: 11 Feb 2012)


did this courtroom just proves who really won between you two on your apple vs samsung sales bet?

posted on 21 Aug 2012, 18:06 10

10. androiddownsouth (Posts: 598; Member since: 02 May 2012)


I'm still in amazement that someone anywhere would confuse a Samsung android phone for an iPhone, especially the newer ones.

Cut all the courtroom bull$hit and just let people buy what they want to buy. Let the free market decide. For example:

Customer A wants an iPhone. Solution: BUY AN IPHONE!
Customer B wants an Android. Solution: BUY AN ANDROID!
Customer C wants a WP8. Solution: BUY ONE!
Customer D wants a Blackberry. Solution: *FACEPALM*

I haven't researched the patents in depth, I'll admit, but I would be shocked if anything they are suing each other for is something that is driving phone sales.

Just knock this $hit off......

posted on 21 Aug 2012, 19:23 3

13. androiddownsouth (Posts: 598; Member since: 02 May 2012)


Must have been a fanboy who thumbed me down. That's too funny.

Whomever thumbed me down, please explain how letting people choose their phone of choice without patent lawsuits over dumb $hit like "slide to unlock" is a bad thing?

Probably don't have the guts to respond because you have no response other than everyone should like what YOU like.

posted on 21 Aug 2012, 20:34 2

17. jgcaap (Posts: 35; Member since: 22 Feb 2011)


i didnt know it was so important the thumbs up :p is there a competition? I gave you thumbs up now x)

posted on 22 Aug 2012, 11:50

27. androiddownsouth (Posts: 598; Member since: 02 May 2012)


No not worried about it, just wish people would thumb up or thumb down based on substance(wishful thinking I know).

I am just honestly curious as to who has a problem with individuals being able to make free market decisions without ridiculous patent lawsuits that have no substance.

Just doesn't make any sense.....

posted on 21 Aug 2012, 21:10 2

19. AppleWho (banned) (Posts: 57; Member since: 06 Aug 2012)


taco is back....

posted on 21 Aug 2012, 18:25 2

11. medicci37 (Posts: 593; Member since: 19 Nov 2011)


Apple knows their freako system can't beat Open Source. Next up, Google.

posted on 21 Aug 2012, 19:54 1

15. shuaibhere (Posts: 1297; Member since: 07 Jul 2012)


Face your fate apple......

posted on 21 Aug 2012, 22:08 1

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


Their more than likely gonna win. Samsung clearly copied Apple and infringed on Apple's patents. My prediction is Apple is awarded 1.7 billion. Only a samsung/android loyalists doesn't believe Samsung straight up copied Apple.

posted on 22 Aug 2012, 01:08

21. tedkord (Posts: 4275; Member since: 17 Jun 2009)


Only a blind Apple loyalist believes Apple are going to get a huge award. How can you enforce a patent on a design you stole yourself? The iPad is an exact replica of the Fidler tablet, which they were shown a decade prior. So, throw rectangles with rounded corners out, done.

This is going to end with Apple getting a few million, and losing several of their sillier patents. Samsung did a good job showing that most, if not all, if it existed prior, and Apple copied it themselves. Apple are just lucky Samsung were barred from showing evidence from Sony and the F700, or it would have been game over. On appeal (and this will end up in appeals), Samsung will have a second chance to get this entered in the record, and Apple REALLY doesn't want that.

posted on 22 Aug 2012, 04:29

24. shuaibhere (Posts: 1297; Member since: 07 Jul 2012)


Can you say how samsung clearly copied apple..?

Don't talk old storeys there is nothing to copy in rectangle and black....

posted on 22 Aug 2012, 12:09

28. remixfa (Posts: 13902; Member since: 19 Dec 2008)


having similar design elements on the SGS1 international version... which also happen to be very similar to pre-iphone samsung design elements, is not proof of copying.. its evolution of their own products. 2 people in 2 parts of the world can have the same ideas.. its not impossible. But unlike apple, samsung has a history of phones with similar designs both before and after the iphone to back up their claim. slide 16 in the other "final arguments" article proves that point completely. When you look at samsungs ENTIRE line up, not just 3 phones of apple's choosing, the line up doesnt really change all that much from pre-post iphone. they were dark, rounded rectangles with centered screens and large home buttons pre-iphone. That pretty much invalidates most of apple's claims right there.

The closest thing I've seen to direct copying in this whole lawsuit is the phone calling icon, but even that is still pretty darn generic. Apple wants to claim that all its generic and vague shapes deserve patenting. Be careful what you wish for.

I see it coming out as mostly a wash. If at least one apple patent isnt invalidated (my guess is the ipad sketch its soo vague) id be surprised. They will both lose some, but I dont see either coming out as a major victor.

That said, Samsung just needs to invalidate those ridiculous patents which will protect the rest of the world from Apple's idiotic claims.

posted on 22 Aug 2012, 09:29

25. phitch (Posts: 214; Member since: 06 Mar 2012)


What I don't get, Apple is suing Samsung about the whole "dress" patent issue. That Samsung has stolen the entire identity of the iPhone, but let us be 100% honest there are literally at least 100+ phones with this exact design. Apple hasn't sued them, in fact the only time Apple goes after a company is when that company presents any form of competition. Look at the phones and devices they have had banned, HTC phones and Samsung phones. Never LG, never Asus, never Meizu, unless the company can be seen as a competitor Apple does not care.

Unfortunately Samsung has a really bad lawyer. The truth is that Apple needs to not pick and choose which companies it goes after for these dress patents, it needed to go after all the companies with similar designs. Samsung's lawyer needed to point that out to the jury. If you are so worried about your appearance and "dress" patents then you need to make sure you protect it against all competitors. If you are going to claim that Samsung's Galaxy S caused confusion with the iPhone then you need to name every single phone using the same style in this lawsuit.

That being said, let me ask who's design is being stolen with this phone?http://st2.gsmarena.com/vv/pics/huawei/huawei-g7300.jpg when I saw it I thought -- my god, that looks just like a Galaxy S II. I didn't think my god that looks like an iPhone. One of the largest distinguishing features is the square home button. It is not some generic home button it is very obviously square. I bet if you look at the phone you will immediately think Samsung and not iPhone even though it shares some features with the iPhone in shape.

Other phones that have the near same design as the iPhone:

http://st2.gsmarena.com/vv/pics/acer/acer-p400-00.jpg
http://st2.gsmarena.com/vv/pics/asus/asus-e600-1.jpg
http://st2.gsmarena.com/vv/pics/lg/lg-spectrum.jpg < But a lot of LG Phones use this same design.
http://st2.gsmarena.com/vv/pics/sharp/sharp-aquos-941sh-1.jpg
http://st2.gsmarena.com/vv/pics/sony/sony-xperia-go.jpg Praising Sony when they use the same design as well.
http://st.gsmarena.com/vv/reviewsimg/motorola-backflip/gal/gsmarena_006.jpg
http://st.gsmarena.com/vv/reviewsimg/mwc-10-various/toshiba/gsmarena_003.jpg

And that is a quick search, but lets not forget that the iPhone is a unique design -- it must have been the only company to come up with the black rectangle with rounded edges and the silver bezel around the outside? I mean they certainly didn't get it from any other possible designs!

http://www.mobiletopsoft.com/images/news/Pocket_Loox_N100_review.jpg Released 2006.

What Apple is saying is that only one company (besides LG) could have possibly had the foresight to predict that touchscreens and a rectangular design would become the industry standard for smartphones. Even based on all the past designs that should have been allowed into evidence. Amazing.

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