Wednesday, August 22, 2012

Apple's Closing Statements: Samsung Products 'Substantially The Same' As Ours

SAN JOSE, California - Apple profession Harold McElhinny took to the lectern Tuesday to broach Apple's shutting arguments in the turning point Apple v. Samsung obvious trial. At turns ardent and professorial, McElhinny repetitively beaten in a principal point to jurors: Samsung with malice aforethought copied Apple.

"We have demonstrated that Samsung has disregarded any and every a of our egghead skill rights," McElhinny said.

Samsung was set to present its shutting arguments after that in the day.

The initial part of Apple's shutting evidence was geared toward gripping jurors focused on 3 principal areas: the papers that have been shown during the trial; the chronology of events; and Apple's disagreement that Samsung's invulnerability complacent mostly on profession argument, rsther than than a send invulnerability from Samsung.

McElhinny showed a fibre of Samsung inner papers divulgence that Samsung intentionally done changes to soak up iPhone pattern and UI elements, "written overtly by people who, when they were essay them, never dreamed a jury would be seeking at them two to 3 years later," he said.

Apple moreover sharp to be evidence of from a of Samsung's designers on how they worked challenging hours, night and day, to rise the Milky Way S's design. Apple mentioned it outlayed 4 years, from 2003 to 2007, building and honing the iPhone's design. The pattern time is to Milky Way S was 3 months.

"In those 3 months, Samsung was able to duplicate and soak up Apple's four-year investment in workmanship and ingenuity without receiving any of the risks since they were duplicating the world's many successful product," McElhinny told jurors.

Apple dedicated a poignant part of its shutting evidence to addressing Samsung's purported violations of trade-dress violations. Trade skirt is nonfunctional visible item of a product, "the look of the pattern that tells you who done or who sells a product," McElhinny said. He sharp to a few instances that he mentioned showed how Samsung's products caused dilutions of Apple's traffic skirt when they entered the market, such as a consult that found over half of consumers who saw an ad for a Milky Way Tab considered the ad was for Apple, not Samsung.

McElhinny moreover took time to go over the indemnification Apple is seeking in the case. "The indemnification should be considerable since transgression has been massive," he explained, gift slides display definite breakdowns to clear dollar amounts Apple is asking for in compensation.

Jurors will expected start deliberations on Wednesday as they work their way by a extensive 22 page-long outcome form to relay their last decisions to the court.

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