Apple: Samsung Copied Us Without Taking Any Risk

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Apple in Court

In closing arguments of the epic patent infringement battle between Apple and Samsung on Tuesday, Apple told the jury that Samsung was able to copy the product of four year’s of work and investment in just three months, and was able to do so without taking any of the risks.

“They sat with the iPhone and went feature by feature, copying it to the smallest detail,” Apple attorney Harold McElhinny, according to CNet. “In those critical three months, Samsung was able to copy and incorporate the core part of Apple’s four-year investment without taking any of the risks, because they were copying the world’s most successful product.”

To back up the accusation, Apple’s legal team focused on Samsung’s own internal documents that the company says shows Samsung’s deliberate effort to make its devices look more like Apple’s. Apple argued that these documents are the most important element of the blizzard of evidence, including witnesses, expert witnesses, and hours and hours of testimony.

“Witnesses can be mistaken,” Mr. McElhinny told the jury. “They can be mistaken in good faith. Exhibits that are created in a trial are always created with a purpose. They can confuse, and can mislead. Historical documents are almost always where the truth lies.”

Among those historical documents are Samsung internal documents that showed side by side comparisons of Apple’s iPhone to the original Samsung Galaxy smartphone, including suggestions on how to make the latter look more like the former.

The attorney also criticized Samsung for not putting its own executives on the stand, saying, “From the very beginning, Samsung has disrespected this process. Apple brought you two of its most senior executives: (Phil) Schiller and (Scott) Forstall. They were willing to face cross. No Samsung execs were willing to come here from Korea and answer questions under oath. Instead of witnesses, they sent you lawyers.”

Apple is asking for up to US$2.5 billion in damages, as well as import bans on Samsung’s infringing products. Samsung has counter-sued, arguing that Apple is infringing on five standards-essential patents (SEPs).

The two sides have concluded the evidence stages of the trial, and Apple has concluded its closing arguments. Samsung is up next, and the case will then go to the jury barring some kind of miracle, last-second settlement between the two companies.

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Comments

Robbo

good point about the absence of top execs from Samsung. If I tried to place myself on the jury, its a question I’d ask myself.

Bosco (Brad Hutchings)

I’m surprised McElhinny didn’t go with something like, “If Steve Jobs were alive today, even just barely alive and unable to speak except through a Vulcan mind-meld, we’d have brought him into court as well. That’s how seriously we respect this process and you the jurors.”

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