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

posted by Alan F. / Jul 30, 2012, 11:24 AM

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

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

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83 Comments

1. djteqneek

Posts: 8; Member since: Jul 10, 2012

cut of his jibe? meet and potatoes? o_O

posted on Jul 30, 2012, 11:33 AM 0

65. Angkor

Posts: 108; Member since: Jul 05, 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 Jul 30, 2012, 4:35 PM 3

81. Mark.J.Linskiy unregistered

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

posted on Jul 31, 2012, 2:08 AM 0

2. ChiX017

Posts: 308; Member since: Nov 09, 2011

:(...

posted on Jul 30, 2012, 11:39 AM 0

3. structureman116

Posts: 142; Member since: Sep 14, 2010

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

posted on Jul 30, 2012, 11:41 AM 0

4. andro.

Posts: 1999; Member since: Sep 16, 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 Jul 30, 2012, 11:45 AM 14

7. taco50

Posts: 5506; Member since: Oct 08, 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 Jul 30, 2012, 12:21 PM 4

9. iamcc

Posts: 1319; Member since: Oct 07, 2011

Taco, Can I have links to your sources? I'm writing an essay on bulls**t. Thanks dude!

posted on Jul 30, 2012, 12:27 PM 17

15. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 2010

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

posted on Jul 30, 2012, 12:32 PM 4

18. taco50

Posts: 5506; Member since: Oct 08, 2009

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

posted on Jul 30, 2012, 12:38 PM 2

17. taco50

Posts: 5506; Member since: Oct 08, 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 Jul 30, 2012, 12:36 PM 2

23. tedkord

Posts: 17052; Member since: Jun 17, 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 Jul 30, 2012, 12:51 PM 6

27. gwuhua1984

Posts: 1237; Member since: Mar 06, 2012

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

posted on Jul 30, 2012, 1:06 PM 10

28. taco50

Posts: 5506; Member since: Oct 08, 2009

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

posted on Jul 30, 2012, 1:17 PM 3

29. networkdood

Posts: 6330; Member since: Mar 31, 2010

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

posted on Jul 30, 2012, 1:19 PM 10

45. D.Aceveda

Posts: 424; Member since: Jun 30, 2012

Taco shut the f**k up

posted on Jul 30, 2012, 2:36 PM 11

48. thedarkside

Posts: 654; Member since: Apr 30, 2012

he never post links.

posted on Jul 30, 2012, 2:46 PM 0

50. gwuhua1984

Posts: 1237; Member since: Mar 06, 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 Jul 30, 2012, 2:57 PM 4

57. thedarkside

Posts: 654; Member since: Apr 30, 2012

some how he snuck two by me.

posted on Jul 30, 2012, 3:25 PM 0

75. gwuhua1984

Posts: 1237; Member since: Mar 06, 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 Jul 30, 2012, 6:32 PM 1

76. thedarkside

Posts: 654; Member since: Apr 30, 2012

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

posted on Jul 30, 2012, 6:36 PM 1

36. darkkjedii

Posts: 30721; Member since: Feb 05, 2011

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

posted on Jul 30, 2012, 1:54 PM 2

78. darkkjedii

Posts: 30721; Member since: Feb 05, 2011

Lol told u so

posted on Jul 30, 2012, 7:08 PM 1

40. Gsmalltheway

Posts: 272; Member since: Aug 15, 2009

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

posted on Jul 30, 2012, 1:58 PM 7

42. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 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 Jul 30, 2012, 2:17 PM 5

43. gwuhua1984

Posts: 1237; Member since: Mar 06, 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 Jul 30, 2012, 2:24 PM 1

53. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 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 Jul 30, 2012, 3:17 PM 0

64. gwuhua1984

Posts: 1237; Member since: Mar 06, 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 Jul 30, 2012, 4:27 PM 1

66. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 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 Jul 30, 2012, 4:43 PM 1

49. andro.

Posts: 1999; Member since: Sep 16, 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 Jul 30, 2012, 2:51 PM 3

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