Apple v. Samsung: The Trial and the Tribulations

Samsung and Apple have been battling it out in courtrooms all over the world for months, if not years, with the worldwide conflict becoming kind of a dull hum in the background. This motion goes that way, that one goes this way, lawyers keep lawyering, whatever.

But what's going on in California this week is supposed to be the case that's actually exciting, because it's come to the point of a real trial. Jurors, gavels, dramatic pointing, Dick Wolf, everything.
Alleged patent violation is, of course, what's at stake here, with Apple accusing Samsung of ripping off its iPhone when it designed all sorts of characteristics of its own handsets. Samsung's denying that, and in addition, it claims Apple's actually the real infringer -- the iPhone, Samsung says, violates various wireless transmission patents it holds.
Apple's attorneys started out by portraying Samsung as a creatively impoverished firm that glommed onto the iPhone's design from the minute it first emerged in 2007. They told jurors to look at smartphones from before that year -- small screens, a million and a half keys on tiny little keypads. Then look at designs from after -- black touchscreen rectangles, just like the iPhone.
But Samsung countered that Apple's design patents aren't unique and shouldn't have been granted in the first place. Just because the iPhone was a commercial success doesn't necessarily mean it was particularly innovative. Making money doesn't mean you invented something new.
However, attorneys not involved in the case have commented that might not be a great argument for Samsung to rely on. Sometimes commercial success and large public demand can be used, at least in a secondary way, to argue patentability.
Even before the trial began began, Samsung had a difficult time with this particular case. The presiding judge, Lucy Koh, halted sales on certain Samsung products until the matter is settled. She also denied Samsung the chance to show the jury evidence the company claims would clear it of any suspicion of patent infringement, telling lawyers they tried to enter it too late in the process.
So instead, Samsung handed that evidence over to the media. It concerns a product called the "F700," a device that looks kinda-sorta like an iPhone and was under development by Samsung prior to the launch of the iPhone.
Perhaps Samsung was trying to win the hearts and minds of the public at large by tossing that evidence over the wall after the judge rejected it. But the real job in front of its attorneys is to win the hearts and minds of the people in the jury box. Or perhaps that really is their plan -- Apple seems to think so. The jury's not supposed to read media accounts of the case until it's over, but there's always a chance some of them might anyway. Apple's already accused Samsung of trying to corrupt the jury.

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