The Apple Inc.(NASDAQ:AAPL)-Samsung fight ensues
about the latter being accused by the former of copying the designs of iPhone
and iPad and incorporating them in their smartphones and tablet devices. The
opening arguments were scheduled to start on Tuesday in a San Jose federal courtroom after a jury
comprising 7 men and 3 women was selected the day before.
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Apple’s first witness is a designer of the
company. In fact, both sides have drawn up an impressive and long list of
witnesses comprising individuals who are experts in engineering and designing
and not well-known to others. Tim Cook, Apple’s CEO will not testify as of yet.
Apple has demanded 2.5 million in damages, which
if they succeed in getting, will surpass the largest patent-related verdict
till date. Samsung is intent on defending itself by turning the tables on
Apple, claiming that it is Apple who is stealing and technology like the
rounded rectangular designs of smartphones and tablets have been around for
many years.
U.S. District Judge Lucy Koh in San
Jose had ordered Samsung to withdraw its Galaxy 10.1 computer
tablet from the US
market till the verdict of the upcoming trial had been decided. She also
forbade Apple attorneys to mention the ban to the jurors. Brian Love, a Santa Clara University law professor and patent
expert feels that this action by a judge reflects her views about Apple’s
claims.
Mark A. Lemley, a Stanford Law
School professor and
director of the Stanford Program in Law, Science, and Technology, has stated
that this case is not about Apple getting the money, but if Samsung has a fair
chance to sell its products. If the outcome is in Apple’s favor, then consumers
will feel that Android-based products are entangled in legal hassles. Prices
will soar for Apple products, if the verdict is not in their favor, because
they will need to pay an asking price to Samsung for certain transmission
technology controlled by them.
The latest report is that Apple lawyers have said
that Samsung’s internal company documents are sufficient proof of their copying
Apple’s designs, whereas Samsung has accused Apple of copying iPhone from Sony,
which in turn has been in the mobile phone business since 1991 and Apple came
into the market in 2007 only.
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