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65% of Macworld readers acquire that Samsung affected Apple. Vote in our poll and accompany the altercation in our forum: what do you anticipate about the Apple v Samsung trial: Do you anticipate Samsung affected Apple?
Day 18: Wednesday 22 August
The nine-person California board are now set to began their deliberations, but according to Global Equities Assay analyst Trip Chowdhry, whatever that adjudication turns out to be, the ultimate resolution of the conflicts amid the companies will be a cross-licensing acceding with a negligible barter of cash. Analyst: Cross-Licensing Will Be the Conclusion to Apple v. Samsung Trial.
If the board finds in favor of Apple, he reasoned, Samsung will use its 64,976 adaptable patents to force Apple to achieve the case as it apprehension its way through the appeals process.
If Samsung wins the case, Apple will use its 8991 patents to force a adjustment from the South Korean company.
Plus, Chowdhry noted, Google will use its 14,770 adaptable patents to avert its OEM partners, which includes Samsung.
Want to apperceive added about the acceptable aftereffect of the case? We asked experts on the acknowledged system, apparent activity and the smartphone bazaar what they fabricated of the case, apprehend added here: Apple v Samsung: Bristles experts, bristles questions.
Day 17: Tuesday 21 August - closing arguments
Closing arguments took abode on Tuesday. During a 75-minute presentation, Apple advocate Harold McElhinny advised some of the abounding hundreds of pages of affirmation and affidavit produced during the case and presented them as affirmation that Samsung advisedly approved to aftermath what McElhinny alleged "iPhone knock-offs."
"Samsung makes fun of our amercement claim. They accomplish fun of us for allurement for billions of dollars," McEhinny said. "The amercement should be ample because the contravention is massive." Apple's closing arguments summarised
Samsung advocate Charles Verhoeven didn't altercate that the phones weren't similar. Instead, he countered that similarities in the architecture were due to accustomed artefact change in the buzz industry and that no affirmation was presented assuming consumers actuality abashed by phones from the two companies.
Apple is "asking you to anticipate its better adversary from giving consumers what they appeal -- smartphones with big screens," Verhoeven claimed.
Judge Lucy Koh additionally apprehend instructions to the jury, including cogent them that they charge not acquire software updates for the accessories or install apps. [Apple-Samsung board told not to advancement accessories accustomed as evidence].
The final board instructions run to 109 pages, in an accomplishment to accumulate the cloister alive while account through the instructions on Tuesday afternoon, Adjudicator Koh said: "I charge anybody to breach acquainted during the account of instructions, including myself, so we're activity to angle up occasionally to accomplish abiding the claret is still flowing."
Click actuality for the abounding final board instructions (pdf).
Day 16: Monday 20 August - 700+ questions for jury
Apple and Samsung administration bootless to ability a adjustment in last-minute talks so the balloon will now advance to a board verdict.
You may appeal to benevolence the board - there are 700 questions on the adjudication anatomy that associates of the board acquire to ample in.
Apple v Samsung board to face 700+ questions on adjudication form
Jurors will acquire to adjudge not alone if Samsung Electronics abandoned on the patents, but additionally whether its subsidiaries, Samsung Electronics America and Samsung Telecommunications, did so as well. And they will acquire to do so for up to 24 alone handsets.
The board will alpha deliberatings afterward the closing arguments on Tuesday.
Day 15: Friday 17 August - are attorneys 'smoking crack'?
Today's two better belief couldn't be added different. Initially Adjudicator Lucy Koh afraid anybody by babble at Apple's adjournment acknowledged team, who seemed to be active out of time to present all their assemblage but again gave her a 75-page account of objections accompanying to the assemblage that apparently wouldn't acquire time to appear.
"You appeal me to do an adjustment on 75 pages tonight? When, unless you're smoker crack, you apperceive that these assemblage are not activity to be called?" Koh asked. "Who is activity to alarm all these assemblage aback you acquire beneath than four hours left?" Read: Apple vs Samsung: anxious adjudicator asks if attorneys are 'smoking crack'
Then things calmed appropriate down, and Samsung - which was active up adjoin a time curtailment itself - managed to accomplishment off its affidavit and blanket up with a affirmation for damages. The final amount that Samsung is gluttonous from Apple is... $421.8m. Read: Apple vs Samsung: Samsung wraps up case with appeal for $422m
Day 14: Thursday 16 August - CEOs told to 'make peace' and altercate settlement
Judge Lucy Koh has told Apple and Samsung that it's "time for peace", and warned them that both companies would be demography a accident if the balloon proceeded to a verdict.
The adjudicator in the case instructed the CEOs of Apple and Samsung to allege and altercate a adjustment at atomic already a week.
DAY 12: Tuesday 14 August - Added Samsung witnesses
Tuesday saw Samsung try and altercate that Apple's patents are invalidated by above-mentioned art, and a Samsung agent took the angle to affirmation that she hadn't looked for afflatus from Apple icons, alone to be apparent a document, with her name on it, that discussed Apple icons. Apprehend more: Samsung artist denies Apple amount inspiration, admitting Apple amount research
Samsung’s user acquaintance artist Jeeyuen Wang, who testified in Korean via an interpreter, said that she did not archetype Apple’s icons aback designing the Galaxy Tab’s iconography. Aback asked whether it was accurate that she hadn’t referenced Apple’s icons Wang said: “Yes, that is correct”. Unfortunately for Wang, Apple’s advocate was able to aftermath addition anathema Samsung certificate with her name on. This certificate alleged ‘Mobile Amount Architecture for 2011’ discusses the accent of amount architecture and compares icons from the iPhone and added technology products.
Jurors additionally saw a video of a ancestor book that could be acclimated for announcement newspapers. And a projector table that had some agnate click-and-drag actualization features.
DAY 11: Monday 13 August - Samsung's witnesses
Samsung’s aegis rests on proving that its articles don’t borrow the patents, and additionally that the patents themselves are not valid. Since it's absurd that Samsung will prove that its articles do not borrow Apple’s patents, it's attempting to altercate at atomic one affiliate of the board that Apple should never acquire been accepted the patents in catechism (the board needs to be accepted in its decision).
Samsung began its attempts to prove above-mentioned art to invalidate Apple’s rubber-band (‘381) and pinch-to-zoom (‘915) patents. Alleged as assemblage were inventors of technolgies that Samsung believes use agnate features. However, Apple's attorneys were able to altercate that these aboriginal examples were not identical to Apple's patents. Apprehend added here: Samsung tries to prove Apple doesn't own rubber-band and pinch-to-zoom patents
Samsung additionally argued that because Apple was disturbing to accommodated appeal for the iPhone 4 at the time it Apple is claiming Samsung benefited from sales of accessories that bodies mistook for iPhones, Apple wouldn't acquire been able to advertise iPhones, and accordingly can't affirmation absent sales.
Samsung managed to get the adjudicator to accede to leave out three phones from the trial. Apple managed to get the adjudicator to accede that President of Samsung Telecommunications America, Dale Sohn, should not allege at the trial.
Apple additionally managed to get the adjudicator to accede that the assumption artist of the Samsung F700 should not testify. In a filing she claims that the architecture patents for that buzz were filed in December 2006 (before the aboriginal iPhone launched), she says her afflatus was a basin of water. Read: Samsung artist was aggressive by 'bowl of water' not Apple
The Weekend
There's no such affair as a weekend if you are a lawyer... Samsung and Apple were alleged in for apprehension on Sunday by the adjudicator in the advancing Apple v Samsung trial. She told them to accommodated up and go through the board instructions.
Good for a laugh: This armpit has a abundant ancillary by ancillary allegory of assorted Apple and Samsung products.
DAY 10: Friday 9 August - Apple offered apparent accord to Samsung in 2010
Apple's backward CEO Steve Jobs and again COO Tim Cook offered Samsung a licensing accord aback in October 2010 accepting created a certificate anecdotic instances area they believed Samsung was application their patents beforehand that year. The agreement of Apple's activity would acquire apparent Samsung advantageous $30 per device, with abatement options if they played the game. Read: Apple offered patents to Samsung in 2010.
There was additionally affluence of cantankerous assay of bazaar assay experts who approved to prove that consumers were abashed by the similarities amid Apple and Samsung devices.
DAY 8: Wednesday 8 August & DAY 9: Thursday 9 August
So far the balloon has alone convened on Monday, Tuesday and Friday. But the abridgement of court-side activity doesn't axis the breeze of informaton apropos to the case.
We've apparent arcane US sales abstracts appear that capacity absolutely how abounding iPads, iPhones and iPod touches acquire book sold. IT turns out that over the activity of the products, Apple has apparent revenues of $50,703m for the 85,956m iPhones, $19.074m for the 34,002m iPads, and $46,551m for the 46,551m iPod blow in the US. See: Cloister filings in Apple v Samsung acknowledge iPhone, iPad US sales data.
Since 2007 Apple has awash 85 actor iPhones in the US. In the accomplished two years Samsung has awash 21.25 actor phones.
It additionally emerged that jurors in the Apple Samsung case acquire had a pay acceleration of $10, bringing their ‘salary’ to $50 per day for anniversary day they serve above 10 days. AllThingsD suggests that this is a allowance aback compared to what the attorneys, consultants and added experts are actuality paid.
Wednesday additionally saw Adjudicator Paul Grewal catechism whether the accordant paperwork had been submitted for the actualization beforehand in the anniversary of a Samsung lawyer. It angry out that Susan Estrich is not accustomed to practise law in the cloister - a paperwork mixup that could advance to penalties for the Korean electronics giant. Estrich, is a high-profile advocate and law assistant at the University of Southern California law academy is a acknowledged contributor to Fox News, apprehend added here. She had argued that a deleted Samsung email couldn’t be acclimated in the case adjoin Apple. Read: Apple/Samsung trial: Samsung advocate 'can't practise law in court'
Wondering about the adjudicator in the case? Koh is the aboriginal Korean-American to anytime serve as a commune cloister judge, according to her Harvard Law Academy biog, writes Reuters.
DAY 7: Tuesday 7 August
Tuesday saw Amount artist Susan Kare affirm in the Apple v Samsung trial. Kare testified that she begin the icons and blueprint of the screens of the Galaxy S and Epic 4G to be agnate to the iPhone. She acicular to the angled corners of the icons, places on an analogously spaced grid, she said: "It is my assessment that the all-embracing accumulating of clear actualization that makes the all-embracing beheld consequence could be ambagious to a consumer.” She was questioned by Samsung's attourney Charles Verhoeven about whether Apple "ownes blooming for go" aback the actuality that Samsung's buzz amount is a blooming handset, agnate to Apple's icon.
Read more: Apple amount artist accuses Samsung of 'confusingly similar' designs
During the day a 132 folio Samsung certificate that compared the iPhone to the Galaxy S buzz was discussed. That certificate evaluates the two accessories and comes up with recommendations about what Samsung should do. In abounding cases the acknowledgment is to accomplish it added like the iPhone. Samsung is told AllthingsD that this certificate is a “typical aggressive analysis,” article “routinely” performed by companies beyond abounding industries. Read: Samsung's 132 folio lets be added like the iPhone document.
Wondering how Apple accustomed at the $2.5 billion amount that it thinks Samsung should pay if begin guilty? Read: Apple's aces and mix breach bottomward of Samsung's fines.
During preceedings Apple was told off by the adjudicator for attempting to acknowledgment the actuality that Adjudicator Koh has banned sales of assertive Samsung products. Advice that she has banned the parties from discussing in advanced of the jury.
DAY 6: Monday 6 August - Samsung's 'crisis in design'
Samsung action administrator Justin Denison answered questions from an Apple advocate about a Samsung email, which Samsung had approved to get afar from the trial. The email discussed the appulse of the iPhone and a "crisis in design" at Samsung. The email said the aberration amid Samsung and Apple smartphones was like “a aberration amid Heaven and Earth” and absolutely did article to bolster Apple’s affirmation that Samsung had affected its architecture of the iPhone.
Also demography the angle on Monday was Peter Bressler, an automated artist who Apple has paid a absolute of $75,000 (so far) for his ability in patents. He acicular to similarities amid assorted Samsung and Apple devices, but in analytic he was bent out by Samsung's attourney aback he couldn't aftermath absolute affirmation of consumers actuality abashed by the similarities.
Read more: Samsung email credibility to 'design crisis' due to iPhone 'heaven'
Various belief were acquaint over the weekend, like this one, rounding up the cabal advice that has been appear during the case. For example: Apple did assignment on a architecture for an iPhone with arced glass; it turns out Jobs admired the abstraction of a 7in iPad; Apple already advised maning an iCar; Samsung has appear affairs for two new smartphones, and Samsung may barrage a 11.8in Slate.
DAY 5: Friday 3 August - Schiller and Forstall
Judge Koh alone Apple's appeal for abuse of Samsung for break distributing afar exhibits - no, she won't aphorism in Apple's favour aloof because Samsung was naughty. But while crumbling to appoint the acrid sanction Apple had sought, she airtight both abandon for a continued cord of objections and motions for reconsideration, some on questions that acquire been revisited as abounding as six times. She has told them that any added objections and motions that the two companies appeal to accession will acquire to be done in cloister - and that will eat into the 25 hours Apple and Samsung both acquire to present their case.
"I will not let any theatrics or any sideshow abstract us from what we are actuality to do," Koh said.
Regarding Samsung's 'unlawful' aperture to the columnist of alleged affidavit that Apple was afflicted by a Sony product, letters emerged brief that Samsung's leaked 'evidence' was iPod-influenced Walkman. Additionally Samsung's affirmation that the capacity were requested by columnist are actuality denied by some journalists who accustomed the statment and images after allurement for them.
We're starting to anticipate that
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