The debates have entered the heart of the matter Tuesday with a full scale assault on Apple’s lawyers against its competitor.
After the difficult choice of the jury, the hearing finally began in the mega-trial that pits Apple to Samsung for patent violations reciprocal and plagiarism, the first accusing the second of copying the iPhone. It is Apple who opened fire first with a dive attack against the Korean group.
Mr. Harold McElhinny said that Samsung has started to copy the iPhone from the public presentation of the latter, in January 2007. “When Jobs introduced the iPhone, he has warned his rivals that he had applied for patents on more than 200 inventions (contained) in the iPhone,” said the lawyer.
“Samsung had a choice. Samsung could design their own models, he could beat Apple fairly in the marketplace. Or it could copy Apple … It is easier to copy than to innovate” he said.
And clarify that Samsung had copied several specific items, as an effect of “rebound” in the scroll function from one page to the screen. “At the highest level of management, Samsung has decided to copy all elements of the iPhone,” he added. “It was no accident. Copying Samsung was intentional.”
Worse, Samsung would have continued to shamelessly copy the innovations of the apple in its following products. “Samsung has made over 100 changes on its phones and tablets, to that end they are identical to Apple products”.
No preliminaries therefore. Samsung side, we try to avoid controversy. Charles Verhoeven, counsel for the giant ensures that his client was neither a “copycat” or a “new kid”, but a major technology player that develops its own innovations.
The iPhone has been “an inspiration” for many but there is nothing wrong with that, said Mr. Verhoeven. “Is it an offense? No, it’s competition,” he added.
And noted that Apple’s internal documents prove that the apple was largely inspired by Sony for its smartphone. Samsung issued a statement to the media along with two slides showing that the iPhone design idea originated from Sony. This ‘Sony-design’ theft harping on Samsung’s part has not left judge Lucy Koh too happy.....
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