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Apple, Samsung face off in $2.5 billion tablet patent suit

Text by News Wires

Latest update : 2012-08-01

Apple Inc. faces South Korean tech giant Samsung in a US court Monday as part of a $2.5 billion lawsuit the iPhone maker filed last year alleging that Samsung's smartphones and tablets infringe on the patents of its iPhone and iPad devices.

AFP - Lawyers for Apple and Samsung make opening arguments to jurors Tuesday in the huge Silicon Valley patent trial over patent infringement for hot-selling smartphones and tablet computers.

Jurors selected Monday include one unemployed man, a homemaker and a mechanical engineer, but several prospective jurors with technical backgrounds were disqualified. There are three women and seven men, and four said they were foreign-born.

The case began with a pool of 70 prospective jurors in the courtroom, who faced questions about whether they, their friends or family members work for Apple, Samsung, Google, or Motorola.

Google is not directly involved in the case but its Android operating system is used on Samsung devices and will figure prominently in the case. Google recently acquired Motorola Mobility, another maker of mobile devices.

US District Judge Lucy Koh told the jurors it would be "an interesting case" but offered few details ahead of the arguments.

Apple is seeking more than $2.5 billion in a case accusing the South Korean firm of infringing on designs and other patents from the iPhone and iPad maker.

Samsung counters that Apple infringed on its patents for wireless communication, so the jury will sort out the competing claims.

This is one of several cases in courts around the world involving the two big electronics giants in the hottest part of the tech sector, tablet computers and smartphones.

While the results so far have been mixed in courts in Europe and Australia, Samsung is clearly on the defensive in the US case.

Koh, who will preside in the jury case, has issued two temporary injunctions against US sales of Samsung's 10-inch Galaxy tablet and the Galaxy Nexus smartphone developed with Google.

In one bit of positive news for Samsung, a US appeals court extended the stay on the Nexus phone, which allows sales to continue while the case proceeds but has no impact on the trial.

But Samsung was hurt by a ruling last week that failed to retain key evidence in the case by allowing emails to be destroyed after learning of the lawsuit.

That will mean Judge Koh can issue an "adverse inference" instruction to the jury.

Samsung could face big risks: If Apple wins, it would automatically get a permanent injunction on sales of Samsung devices. And if Samsung makes only minor changes, Apple could ask for the Korean firm to be held in contempt.

The case has huge financial implications for both firms and the burgeoning industry for mobile devices.

A survey by research firm IDC showed Samsung shipped 50.2 million smartphones globally in the April-June period, while Apple sold 26 million iPhones. IDC said Samsung held 32.6 percent of the market to 16.9 percent for Apple.

Samsung is the leading maker of smartphones using Google's Android operating system, which has become the most popular platform despite complaints from Apple that it has infringed on its patents.

Both sides are employing some of Silicon Valley's top legal talent to argue their case. Apple has hired Michael Jacobs, the Morrison Foerster lawyer who led Oracle's hard-fought, but ultimately unsuccessful, patent lawsuit against Google earlier this year.

Samsung's legal defense is being led by lawyers from Quinn Emanuel Urquhart & Hedges, who have won several


Date created : 2012-07-30

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