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Wednesday, 1 August 2012 - Apple, Samsung launch salvos as smartphone trial heats up |
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      Edition: U.S. Africa Arabic Argentina Brazil Canada China France Germany India Italy Japan Latin America Mexico Russia Spain United Kingdom Home Business Business Home Economy Technology Media Small Business Legal Deals Earnings Social Pulse Business Video The Freeland File Aerospace & Defense Markets Markets Home U.S. Markets European Markets Asian Markets Global Market Data Indices M&A Stocks Bonds Currencies Commodities Futures Funds peHUB World World Home U.S. Brazil China Euro Zone Japan Mexico Russia India Insight World Video Reuters Investigates Decoder Politics Politics Home Election 2012 Campaign Polling Tales from the Trail Political Punchlines Supreme Court Politics Video Tech Technology Home MediaFile Science Tech Video Tech Tonic Social Pulse Opinion Opinion Home Chrystia Freeland John Lloyd Felix Salmon Jack Shafer David Rohde Bernd Debusmann Nader Mousavizadeh Lucy P. 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See the best of Reuters photography.  See more | Photo caption  Olympic best Our top photos from the London 2012 Olympic Games.  Slideshow  India in the dark Half of India's 1.2 billion people are without power in the country's second major blackout in as many days.  Slideshow  Apple, Samsung launch salvos as smartphone trial heats up Tweet Share this Email Print Related News Apple lawyer says Samsung deliberately chose to copy iPhone Tue, Jul 31 2012 UPDATE 4-Jury selected in Apple, Samsung U.S. patent trial Mon, Jul 30 2012 Apple, Samsung patent trial starts with jury selection Mon, Jul 30 2012 Apple, Samsung patent trial set to kick off, billions at stake Mon, Jul 30 2012 Apple, Samsung take patent fight to crucial California trial Sat, Jul 28 2012 Analysis & Opinion Counterparties: Low tech 3rd Circuit shocker: Pay-for-delay drug settlements are illegal Related Topics Tech » Media » South Korea » iPad » 1 of 3. An employee of South Korean mobile carrier KT holds an Apple Inc's iPhone 4 (L) smartphone and a Samsung Electronics' Galaxy S II smartphone as he poses for photographs at a registration desk at KT's headquarters in Seoul, August 25, 2011. Credit: Reuters/Jo Yong-Hak By Dan Levine and Poornima Gupta SAN JOSE, California | Tue Jul 31, 2012 8:54pm EDT SAN JOSE, California (Reuters) - Samsung Electronics Co Ltd told jurors that its products are not copycats of Apple Inc's iPhone but rather an example of legitimate American-style competition from the South Korean company. Lawyers for both tech giants faced off on Tuesday for opening statements in the highly anticipated U.S. patent trial, where Apple has accused Samsung of stealing iPhone features like scrolling and multi-touch. The stakes are high: Apple is being tested on its worldwide patent strategy against Google's Android operating system, while Samsung faces the threat of sales bans on its Galaxy line of phones and tablets. Apple attorney Harold McElhinny said Samsung's own internal product analyses show it deliberately chose to rip off the iPhone, but Samsung lawyer Charles Verhoeven said all companies produce such documents. "It's called competition," Verhoeven said. "That's what we do in America." The world's largest consumer electronics corporations have been waging legal war around the world, accusing each other of patent violations as they vie for supremacy in a fast-growing market for mobile devices. They sell over half of the world's smartphones. The legal fight began last year when Apple sued Samsung in a San Jose, California, federal court, accusing the South Korean company of slavishly copying the iPhone and iPad. Samsung countersued. The federal courtroom in San Jose, California was jammed on Tuesday with lawyers and reporters, with more spilling into an overflow room next door equipped with a video feed. Both companies relied on slides featuring various phone models, internal emails and news reports to make their points. Apple attorney Harold McElhinny showed slides that featured old Samsung phones from 2006 and compared it to the Korean company's newer smartphones from 2010. The key question, McElhinny said, would be how Samsung moved from the old phones to "these phones." And even though Apple is a successful company, he said, it must defend its rights when someone steals their property. "Artists don't laugh that often when people steal their designs," McElhinny said. Samsung has sold 22.7 million smartphones and tablets in the U.S., reaping $8.16 billion in revenue, he said. Apple is seeking damages of over $2.5 billion. Samsung's Verhoeven countered that many iPhone features, like its popular minimalist design, had already been thought up by others before its release. "Samsung is not some copyist, some Johnny-come-lately doing knockoffs," he told the jurors. Verhoeven added: "There's a distinction between commercial success and inventing something." McElhinny showed jurors an internal Samsung product analysis which said the iPhone's hardware was "easy to copy." Verhoeven said Samsung's analyses were what all companies do in the smartphone industry, including Apple. Before opening statements began on Tuesday, U.S. District Judge Lucy Koh dismissed one of the jurors, a woman who works as an insurance agent. The woman said her employer would not pay her salary during jury service. The nine member jury is now made up of seven men and two women. The South Korean company has also leveled claims against Apple on five of Samsung's own patents. Another Apple attorney, Bill Lee, said those only came up after Apple began demanding that Samsung stop copying Apple's products. Verhoeven noted that Apple is one of Samsung's biggest customers for smartphone components. "Samsung isn't in the habit of suing its business partners, even if it could," he said. Overall, Apple's McElhinny said Apple has a unique vision that technology should be about much more than just functionality. "The evidence will be that Apple has made that vision a reality," he said, "so much that it really is hard to remember what phones looked like before." The case in U.S. District Court, Northern District of California, is Apple Inc v. Samsung Electronics Co Ltd et al, No. 11-1846. (Reporting by Dan Levine and Poornima Gupta; Editing by Tim Dobbyn, Richard Chang and Phil Berlowitz) Tech Media South Korea iPad Related Quotes and News Company Price Related News Tweet this Link this Share this Digg this Email Reprints   We welcome comments that advance the story through relevant opinion, anecdotes, links and data. If you see a comment that you believe is irrelevant or inappropriate, you can flag it to our editors by using the report abuse links. Views expressed in the comments do not represent those of Reuters. For more information on our comment policy, see http://blogs.reuters.com/fulldisclosure/2010/09/27/toward-a-more-thoughtful-conversation-on-stories/ Comments (0) Be the first to comment on reuters.com. Add yours using the box above.   Edition: U.S. Africa Arabic Argentina Brazil Canada China France Germany India Italy Japan Latin America Mexico Russia Spain United Kingdom Back to top Reuters.com Business Markets World Politics Technology Opinion Money Pictures Videos Site Index Legal Bankruptcy Law California Legal New York Legal Securities Law Support & Contact Support Corrections Connect with Reuters Twitter   Facebook   LinkedIn   RSS   Podcast   Newsletters   Mobile About Privacy Policy Terms of Use AdChoices Copyright Our Flagship financial information platform incorporating Reuters Insider An ultra-low latency infrastructure for electronic trading and data distribution A connected approach to governance, risk and compliance Our next generation legal research platform Our global tax workstation Thomsonreuters.com About Thomson Reuters Investor Relations Careers Contact Us   Thomson Reuters is the world's largest international multimedia news agency, providing investing news, world news, business news, technology news, headline news, small business news, news alerts, personal finance, stock market, and mutual funds information available on Reuters.com, video, mobile, and interactive television platforms. Thomson Reuters journalists are subject to an Editorial Handbook which requires fair presentation and disclosure of relevant interests. NYSE and AMEX quotes delayed by at least 20 minutes. Nasdaq delayed by at least 15 minutes. For a complete list of exchanges and delays, please click here.

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