Apple and Samsung give closing arguments in US patent trial

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Apple and Samsung give closing arguments in US patent trial

Warwick Ashford

Lawyers have delivered closing arguments in the first US jury trial in the patent dispute between smartphone makers Samsung and Apple.

Apple lawyers accused Samsung of copying Apple designs after realising it could not compete, while Samsung lawyers argued that victory for Apple would mean less choice for consumers, according to the BBC.

The nine-member jury now faces the task of going through 109 pages of instructions on how to determine the verdict, with deliberations set to begin 22 August.

Apple is suing for $2.5bn in damages from Samsung for violating its patented designs and features in the iPad and iPhone and seeking a sales ban of similar Samsung products.

Samsung has counter-sued and is reportedly seeking royalties of as much as 2.4% for each Apple device sold, in relation to five wireless technology patents it claims Apple is infringing.

During the trial, Apple presented internal Samsung documents suggesting Samsung made detailed comparisons between its smartphones and the iPhone in coming up with new designs.

In closing arguments, Apple lawyer Harold McElhinny said Samsung had used a shortcut in its product design.


Read more about the Apple Samsung patent trials


"Samsung was able to copy and incorporate the result of Apple's four-year investment in hard work and ingenuity, without taking any of the risks," McElhinny said.

Samsung showed jurors products and designs which it said showed the iPhone's functions should not have been patented, because similar features already existed.

Samsung lawyer Charles Verhoeven said a victory for Apple would mean competition would be stifled in the industry.

"Rather than competing in the marketplace, Apple is seeking a competitive edge in the courtroom," Verhoeven said.

For Apple, winning the case would vindicate its aggressive stance towards Samsung and other makers of smartphones running Google's Android operating system. A loss could weaken Apple’s position substantially and leave it open to a fresh attack from Google, according to the Guardian.

Last week, Google’s Motorola Mobility subsidiary filed a patent-infringement complaint against Apple, claiming the iPhone, iPad and iPod Touch infringe seven patents.

Jurors in the Apple-Samsung case are expected to deliberate for another week as they try to decide whether any of 21 different Samsung tablets and smartphones infringed any of Apple’s 10 different patents on functionality, and whether the look and feel of Apple's products merits protection.


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