SAN JOSE, CALIFORNIA - Apple and Samsung presented shutting arguments on Tuesday in their turning point lawsuit.Attorneys for Apple outlayed two hours going over their assertions that Samsung intentionally copied Apple designs and infringed on its iPhone and iPad traffic dress, which, they said, caused difficulty in the marketplace. Samsung strike back that its products are particularly not similar from Apple's and referred to that consumers aren't so simply confused.
"Samsung was the iPhone's greatest fan," Apple profession Harold McElhinny told jurors. "They knew a great thing when they saw one."
McElhinny outlayed a great treat of his two-hour shutting evidence indicating out how the "overall visible impression" of Samsung's Milky Way smartphones and tablets are significantly similar to Apple's, as are the user interface elements, and that this is what jurors should concentration their concern on as they weigh the case.
Internal papers showed that Samsung heavily compared the Milky Way S user experience, design, and UI to that of the iPhone, and, according to Apple, finished up creation its products more iPhone-like as a result. McElhinny moreover sharp to an inner Samsung memo that mentioned the firm was in the centre of a " predicament of pattern " over the iPhone.
Samsung profession Charles Verhoeven denied Apple's accusations and referred to that the legal case was more about attainment aggressive advantages than fortifying its products.
"The actual reason Apple is bringing this case is, rsther than than competing in the marketplace, Apple is looking a aggressive corner by the courtroom," Verhoeven told jurors, adding that if Apple wins, "it could change the way contest functions in this country."
"[Apple is] attempting to inhibit its many major contestant from even personification the game," Verhoeven said.
He argued that form follows function, citing the QWERTY keyboards of the once-dominant BlackBerry phones. "Everyone came out with full set of keys mobile phones," Verhoeven said. Were they copying? "No. They were only subsequent to the technology." The same goes is to large-screen, spherical rectilinear smartphones we're saying now, he argued. The are simply things that consumers wish and expect.
As for design, Verhoeven countered Apple's big-picture perspective by instructing jurors that when patents are visually similar to previous art designs (pre-existing smartphones or patents, in this case), tiny differences might be important. He brought up Samsung smartphones that are considerably not similar from the iPhone, such as the Infuse 4G and Milky Way S 4G, andsaid Apple's timeline of Samsung products by the years was "an conscious endeavor to cheat the jury".
As is to inner papers that Apple referred to valid conscious duplicating of its designs, Verhoven mentioned they revealed benchmarking, rsther than than copying. "Every major tech firm does it," he said. "You arrange to be competitive." He resolved by reminding jurors of Samsung's allegations that Apple has disregarded patents the South Korean firm binds concerning 3G standards.
"We regard the indemnification are ridiculous," Verhoeven mentioned of Apple's requested $2.5 billion. "We do not regard we're liable."
In Apple's rebuttal, profession Bill Lee told Samsung to "compete on your own innovations," adding that patents exist to be able to safeguard inventors' investments. "Apple wants to vie sincerely and precisely with innovation, invention, and products," Lee said. "Taking someone else's egghead skill is not satisfactory and square."
It's right away up to the jury to decide.
The day got off to a exhausted start, as panel of judges Lucy Koh read by rounded off 100 pages of jury instructions. "I need everybody to stay conscious as I'm getting more information [this], inclusive myself," Koh said, before mission in jurors to the courtroom.
Koh reminded jurors that they are to panel of judges formed solely on the facts presented in the case, and that what the lawyers have mentioned via the trial, inclusive their shutting arguments, is not evidence. The jurors will have access to phones and tablets during their deliberations, to weigh the particular user experiences, but will not be authorised to refurbish the gadgets or download apps, music, or photos.
Samsung and Apple have been inextricable in a multi-pronged egghead skill fighting in courtrooms opposite the globe given mid-2011. Apple claims Samsung is infringing on egghead skill casing the iPhone and iPad designs, together with application patents casing UI features similar to the "bounce-back" outcome when users attain the finish of a page. Samsung is claiming Apple is in breach of its necessary 3G delivery patents.
The nine-member jury could confirm case by the finish of the week.
No comments:
Post a Comment