US jury to consider Apple, Samsung patent battle

The patent battle between Samsung and Apple moves to a federal court in California

The patent battle between Samsung and Apple moves to a federal court in California today.

The technology firms have each accused the other of intellectual property infringement, which has led to several court battles around the world in the past 15 months, including the UK.

The case is the first US jury trial of a battle being fought on four continents for dominance of a mobile device market worth $312bn in 2011, according to Bloomberg.

The case stems from a lawsuit by Apple in April 2011. A countersuit by Samsung followed, and the two actions were combined.

Apple claims Samsung has infringed seven patents relating to the body design of the iPhone and iPad and several user interface (UI) features, and is seeking $2.5bn in damages.

In return, Samsung is demanding royalties of as much as 2.4% for each Apple device sold, in relation to five patents it claims Apple is infringing.

The jury will be overtaxed [by] the highly technical patents

Florian Muller, patent consultant

Two relate to standard-essential 3G patents, for which it claims Apple has never paid any licensing fees. The three other patent claims cover the integration of a mobile phone, digital camera and e-mail into a single device; bookmarking a picture in an image gallery; and using an app while continuing to listen to music in the background.

The jury trial comes after Samsung CEO Choi Gee Sung and Apple CEO Tim Cook failed to settle the case at a court-ordered meeting in San Francisco on 21 May.

Previously, company officials met in September and December 2011 and on 4 May 2012 to discuss resolving a related dispute before the US International Trade Commission.

Florian Muller, a patent consultant, said it was likely to be a complicated case.

"No trial before this one has been about such a diversity of intellectual property rights – we have different kinds of patents and so-called trade dresses [packaging and appearance claims] in play," he told the BBC.

"The jury is probably going to be able to tell whether some of Samsung's products look similar to Apple's, but it will almost certainly be overtaxed as far as the highly technical patents are concerned," he said.

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