Monday, August 20, 2012

Apple vs. Samsung patent trial: The evidence is all in

Click photo to enlarge

This June 19, 2012, photo shows Samsung s new Galaxy S III phone, left, next to an iPhone 4S in New York.

With a flurry of tech-laden expert testimony, the evidence stage of the epic Apple (AAPL) vs. Samsung patent trial ended Friday, leaving only several hours of lawyer arguments before a jury gets to decide their multibillion-dollar smartphone and tablet showdown.

U.S. District Judge Lucy Koh has set closing arguments in the case for Tuesday, ensuring the jury will begin deliberations the following day. Given the complexity of the case, the dueling patent claims and the thick packet of jury instructions they'll receive, the jury's deliberations could be prolonged

-- the federal jury in the high-profile Oracle (ORCL)-Google (GOOG) patent case earlier this year was out nearly a week before reaching its verdict.

The three-week trial in San Jose federal court has been the signature battleground in the high-stakes feud between Apple and Samsung in their global legal sparring over smartphone and tablet technology

Apple alleges that Samsung has "slavishly copied" the iPhone and iPad in its smartphones

and tablets, violating patent and trade dress laws. Apple also has antitrust allegations rolled into its case against the South Korean tech giant, seeking at least $2.5 billion in damages.

Samsung, meanwhile, denies copying Apple and has argued that the iPad and iPhone were developed with the aid of existing technology. Samsung has countersued Apple, accusing the Cupertino company of infringing some of its basic patents, and has asked the jury to order Apple to pay hundreds of millions of dollars in lost royalties.

The trial's final day was a frenetic string of uneventful testimony, made up almost entirely of experts who had already testified for each side. Whether an Apple or Samsung expert, their task was to rebut the testimony of experts who disagreed with each others' conclusions about the companies' respective patent rights.

Koh, meanwhile, rejected Apple and Samsung's routine efforts to hand them judgments on a host of patent claims before the case reaches the jury.

The judge will huddle with the lawyers Monday to hash out the final language of the jury instructions, which she has warned the jurors would take about an hour and a half to read.

Howard Mintz covers legal affairs. Contact him at 408-286-0236 or follow him at Twitter.com/hmintz.

What's next

in Apple vs. Samsung

Monday: Judge Lucy Koh huddles with lawyers on lengthy jury instructions.
Tuesday: Jury gets its legal instructions, lawyers for Apple and Samsung present closing arguments. Each side has two hours to argue.
Wednesday: Jury begins deliberating.

Source: http://www.siliconvalley.com/ci_21339193/apple-v-samsung-patent-trial-evidence-is-all?source=rss_viewed

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