The lawyers of technology rivals Apple Inc. (Nasdaq:AAPL) and Samsung Electronics Co., Ltd. (KRX:005930) conveyed their final arguments to the jury on Tuesday. The jury will begin deliberating the evidences presented by both parties in court on Wednesday.
During his final argument, Atty. Harold McElhinny, legal counsel for Apple Inc. (Nasdaq:AAPL) delivered his final argument citing the chronology of events to give the jury a better understanding how Samsung violated iPhone and iPad maker’s patents. McElhinny reiterated that Samsung “copied and emulated” Apple Inc. (Nasdaq:AAPL)’s design based on the South Korean electronics company’s own documents. He said, “They were copying the world’s most successful product. Samsung’s leadership was bound and determined to cash in on the iPhone’s success.”
On the other hand, Atty. Charles Verhoeven, lawyer for Samsung criticized Apple’s allegations and strategy to prevent competition. He said the Cupertino-based company is asking for damages it does not deserve and it is using the court to block competition and consumer choice. Verhoeven emphasized that Apple’s smartphone design is not unique. He said, “Guess what, every single smartphone has a rectangular shape with rounded corners and a big screen…Apple thinks it’s entitled to have a monopoly on a rounded rectangle with a touch screen.” He also pointed out the consumers were not deceived by Samsung products. According to him, “consumers make choices not mistakes.”
During the hearing, United States District Judge Lucy Koh instructed the jury to avoid installing new updates to the mobile devices because they served as physical evidences in the trial. The justice said the jury may use the mobile gadgets during the deliberation, connect to the internet using the web browser but they are not allowed to alter or modify it. Koh said, “Once connected, you must decline any software update notifications that may be presented to you. You also must not download any content, such as apps, music, photographs, or games, to the devices.”
Prior to the presentation of final arguments from both parties, Justice Koh advised the Apple and Samsung’s executives to settle the on-going patent infringement case out of court before the jury deliberation starts. Koh said, “I see risks for both sides” and “it’s time for peace.”
The negotiation failed. Apple’s CEO Tim Cook and Samsung Electronics Co., CEO Gee-sung disagreed for the second time. Kevin Johnson, legal counsel for Samsung Electronics Co., Ltd. (KRX:005930) confirmed to Judge Koh that both CEO’s spoke to each other, but neither party could reach any resolution. The fate of the companies in the case depends on the verdict of the jury.
The lawyers of Apple Inc. (NASDAQ::AAPL) and Samsung Electronics Co., Ltd. (KRX:005930) will deliver their closing arguments in the court today and the deliberation of the jury will start on Wednesday.
According to a report from Reuters, in April, Cook and Gee-sung, together with their general counsels, participated in the settlement conference recommended by Judge Koh, which was mediated by a magistrate judge based in San Francisco. Both chief executives disagreed on resolutions to settle their patent disputes.
Apple Inc. (NASDAQ::AAPL) accused Samsung Electronics Co., Ltd. (KRX:005930) of infringing seven patents related to user interface, such as pinching, scrolling, selecting, and zooming, and three designs patents of its iPhone and iPad. The Cupertino-based technology giant is seeking 2.5 billion damages.
On the other hand, Samsung countered Apple’s allegation with a lawsuit, alleging that Apple infringed its communication patents, including the simultaneously handling phone calls and data, reduction of interference between devices, text message processing, and attachments, and the improvement of a network’s efficiency. The South Korean electronics company wants the court to ban the import of iPhone and iPad in the United States, Europe, and in several Asian countries. The iPhone and iPad are manufactured in China.
Meanwhile, Samsung tapped multi-talented celebrity James Franco to endorse the new Samsung Galaxy Note 10.1. The new Samsung Galaxy Note 10.1 TV commercial showed the multi features of the device, including its capability to write notes on the screen using the stylus pen, take photographs and videos, e-mail, search the web, etc. Franco also touted his different talents, such as acting, writing, directing, and producing films. He claimed that he personally directed the new Samsung Galaxy Note 10.1 commercial.
Apple Inc. (NASDAQ::AAPL) also used celebrities as endorsers for the iPhone’s Siri, including Samuel Jackson, John Malkovich and Martin Scorsese.