Apple's lead attorney says Samsung will claim that "the Devil made me do it"

Apple's lead attorney says Samsung will claim that
We are into day 2 of the national pastime known as Apple v. Samsung which means that opening statements are already underway. As we told you, this is the part of the trial when each side tells the jury exactly what they intend to prove and how they will go about doing it. And both sides are give a little leeway to speculate. Take for instance, the comments made this morning by Apple's lead attorney Harold McElhinny. He speculated that Samsung will be defending itself by saying that using Apple's design patents are the only way to create "functional products." This, says McElhinny, is "the Devil made me do it defense."

Other comments made during Apple's opening statement revolved around Apple's patents that are at the heart of this case including the "bounce-back" scrolling patent, which McElhinny suggested that Samsung copied early in its design process of the Samsung Galaxy S. Other patents brought up included several  for "double tap to zoom" and another that allows a device to know if you have one or two fingers on the screen for scrolling or zooming. The attorney mentioned that these features showed up in Samsung surveys as highly thought of by Apple iPhone users and as such, ended up in the Samsung Galaxy S.

McElhinny also brought up the idea of "trade dress infringement" that Apple is pursuing against the Korean based tech giant, as he listed the things that people look for that distinguish a device as coming from Apple. These include a metallic bezel around a flat clear surface, a rectangular product with four evenly rounded corners, narrow black borders at the sides, larger bezels at top and bottom of product’s front face and icon rows including dock at bottom of icons that doesn’t change.

Apple's lead attorney said that Samsung has sold 22.7 million phones and tablets that infringe on Apple's patents resulting in $8.16 billion in revenue for Samsung. The bottom line? $2 billion of profits went into Samsung's coffers instead of Apple's vault.

Samsung's attorney also brought up the matter of  Samsung designs that pre-date Apple's and asked the court to hear more arguments about admitting this evidence. Judge Koh refused, saying that she has already heard three motions aboutr this evidence. Threatening to sanction Samsung's attorney, she said that Samsung has made its record for appeal. You might recall that Judge Koh has decided not to admit as evidence the Sony designs allegedly used by then Apple designer Shin Noshibori to design an early Apple iPhone model.

Before opening statements began, the jury was forced to watch an 18 minute video on patents and patent law which just so happens to appear on You Tube. You will find it below for your viewing pleasure.

source: AllThingsD



1. Xperia42

Posts: 60; Member since: May 30, 2012

Wow the devil made them do it smh. I hope Samsung beats Apple

6. abdane

Posts: 507; Member since: Oct 07, 2011

samsung ones are cooler :P

15. dragonscourgex

Posts: 307; Member since: Jan 16, 2012

Most of those picture show the different between the two products. I'll give you that the charger look very much a like, accept that the bottom of Samsung charger is flared and the iPhone is not. Well since you like list, I'll make my own list: Samsung had nothing to do with this product, they even got it pull from selves cause it was too similar to the iPhone product Here's the link : Like i said before, they do look similar. Samsung charger are slightly different then iPhone, with the flare bottom. I have seen many chargers from many different phone that look a like this is cause there's only a very limited number of shapes that you can make something. Both charges are a cube....there is no "revolutionary" idea in making a charger a cube. Since I have never stepped foot into a Apple or a Samsung store I can not debate on this picture....have no idea what ether looks like haha. GOD FORBID!! SAMSUNG USED A WHITE BOX! If this is the kind of childish nonsense you have to lower to to try and give yourself any logic behind your argument , I feel sorry for you indeed. Refer to last statement Look! Sony's corners are rounded too!! RUN FOR COVER SONY!! Putting a radius on a square is not revolutionary or unique. What you trying to prove here that Samsung went out of their way to make the interface look nothing like iphone's? Completely different looking mics. Samsung has a timer where, Apple does not. Apple has a meter where Samsung does not. The buttons look and lay are also different. Yes....Google Map is going look very similar on any phone it is used on. Different look phones, different ear buds. I have seen many ads from different companies with ear buds placed around their products, nothing unique there. Again, putting radius on a rectangle is nothing to be proud of. Yea.....i'll give you this one....damn you Samsung! Similar.....but there is noticeable differences. What the hell is that anyway? Pointing out the differences again? The Samsung phone is physical bigger if I remember correct. Samsung has a rocker used for their volume control where Apple has to two different buttons. The iPhone has a physical switch to put it into silence mood, where Samsung does not. I think both power buttons are on the top right side....damn you again Samsung...Apple had their name written there!

16. dragonscourgex

Posts: 307; Member since: Jan 16, 2012

Woot!! I hit the limit of the comment! The layout of the speaker, sensors, and camera is different.....Completely different feeling OS running on the phones. Samsung physical button is a rectangle with rounded corners, Iphone's is a circle...and the Samsung also has two more button on each side of the physical buttons for menu and search I think. Again, having a rectangle with radius on the corners is nothing special or unique. OOOO the come in the same colors....are you telling me that Apple owns the color spectrum now?

24. jroc74

Posts: 6023; Member since: Dec 30, 2010

I know good n well he didnt bring up the Smart Case....when Incase had the idea and product before Apple... Wow.... Added added their lil touch to it....but that doesnt dismiss what Incase did: And the fact that it wasnt Samsung....but a 3rd party, Anymode.... Google Maps as how Samsung is copying Apple? Thats Google's thing. And like you said...I would expect it to look the same on ANY phone its on for the most part. Whats going on, are Apple, iPhone fanboys getting dumber by the minute? This case must have their brains shook up.

18. khmer

Posts: 95; Member since: Jun 21, 2012

Judge Lucy Koh is discriminated against Samsung and stay on Apple side. She should be remove from this trial or move the trial to Europe.

23. darkkjedii

Posts: 31529; Member since: Feb 05, 2011

Awww shutup

2. KingKurogiii

Posts: 5713; Member since: Oct 23, 2011

Judge Koh just doesn't give a s**t about her job here. >>

8. remixfa

Posts: 14605; Member since: Dec 19, 2008

Koh is the worst. really.. shes denying any and all evidence that helps samsung and allowing apple to throw these ridiculous monetary demands and false claims around like fact. "2 billion in profits that didnt go to apple".. hey wait.. u mean, our ONLY choice is to buy a samsung or an apple? There would have been no other choice? What about HTC, RIM, LG, Moto, Nokia and all the rest? Do they all just not sell phones? The consumers ONLY choice is iOS??! Wow..Yet you have 35% of the US market and barely 20-25% of the world market.. it seems that there is A LOT of other places to spend our money besides Apple..

11. Non_Sequitur

Posts: 1111; Member since: Mar 16, 2012

Yeah, this is all just ridiculous. I wish it would end. :/

29. akbar

Posts: 62; Member since: Feb 09, 2012

I start to think the judge is trying to cover her Asian complexes by denying evidence from Samsung. She wants to prove how good an American she is by "protecting" American "job creators" [puke]

31. mandkeee

Posts: 82; Member since: Feb 27, 2009

she did the right choise.....i am not really sure why people complain about her judge.... this is true copied from apple.... im tellin ya..there are so many android fans in this website....

33. SirCheese

Posts: 15; Member since: Jul 28, 2012

true story, you are a moron..

4. parkwaydr

Posts: 572; Member since: Sep 07, 2011

Im sorry, but inst it technically illegal for koh to be residing over this case? Come on samsung, know your rights, get her off this case.

7. parkwaydr

Posts: 572; Member since: Sep 07, 2011


5. Hammerfest

Posts: 384; Member since: May 12, 2012

Got proof of "prior art"? DENIED Got a witness who already admited designs where based off Sony inspiration? BRIBED, and now its "alledgely" instead of coming form the horses mouth. Got Judge Koh? Apple wins... If EVER there where a more ignorant woman in history, well we wouldnt be here (refering to eve).

21. SonyFTW2020

Posts: 311; Member since: May 03, 2012

Got milk? just playin .......and LOL at the eve comment

9. RapidCat

Posts: 351; Member since: Jun 12, 2012

this battle will have judge decision or jury decision? if judge decision , samsung have less than 50% possibility

10. parkwaydr

Posts: 572; Member since: Sep 07, 2011

no, koh has already proven she will do everything in her power to hand apple the win, gotta get hubby more cash, i mean, who in the hell discounts physical evidence for one side and lets the other throw bogus numbers and can sit there and claim that they are not bias......... And apple, you have only proven your greed, outrageous profit margins and through the roof stocks prices, yet samsung stole profits that should have been yours, jesus remember mr crook, ahem, cook greed is a deadly sin....

13. LionStone

Posts: 1048; Member since: Dec 10, 2010

I was just thinking how many phones took after BlackBerry? Physical qwerty board under a small screen. And do we hear them crying about lost profits, copycats, etc? Nope.

19. Aeires unregistered

Jury, but Koh can throw out the results if she feels they got it wrong. Essentially it's her decision, the rest is just a dog and pony show.

12. sp3llv3xit

Posts: 25; Member since: Sep 15, 2011

Judge Koh is a bigot, biased judge. She probably uses Apple products and has an altar devoted to praying and worshipping Steve Jobs in her home.

14. theBankRobber

Posts: 682; Member since: Sep 22, 2011

This is horse s**t, what a terrible judge she is.

17. Iphone4 unregistered

its up to the jury decision not judge unless jury cant decide. i use iphone 4 but i dont want A to win becuase they think there are the best in world. because they worth 6.52B.

20. taz89

Posts: 2014; Member since: May 03, 2011

Sign of a terrible judge when you allow one side to bring in evidence and deny the other evidence which is actually relevant to the case... How can evidence of design be denied when most of this case is around design lol. As usual its the us customers who suffer of the hand of incompetent judges where as in the UK judges have common sense and can. See that having a patent on a rectangular shape or a square icon is just stupid.

22. talon95

Posts: 1002; Member since: Jul 31, 2012

I'm for a fair trial but not allowing what appears to be valid, credible, crucial evidence is biased to say the least. I'd have her thrown off the case. I hope they appeal to a higher court or something to avoid such biased judging. I'd go protest if I was there.

25. jalva30

Posts: 14; Member since: Jul 07, 2012

I was a long time apple user. NOT ANYMORE !! There are only so many smartphone designs you can come up with who cares stop being afraid of competition!! There Are other phones that are way more similar to the iPhone than the galaxy brand. Apple, you can't be serious! The way Apple's attorney discribe the iPhone sounded like a dozen other phones. Hate apple.

26. pikapowerize

Posts: 1869; Member since: May 03, 2012

i am not an iphone fan and never a samsung fan.. but samsung devices are really looking lke an iphone and there tablets look like an ipad! i hope people will know that apple is just fighting for there patents!! they dont have that much patents so they need to protect it!!! samsung has been in this mobile tech world for years now, they should know what to do... they shouldnt oviously copy what the apple idevices has!

34. SirCheese

Posts: 15; Member since: Jul 28, 2012

No, they look nothing like an iphone or ipad, get your eyes checked.

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