Apple-Samsung Day 12: The Closing Arguments

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Jury instructions are out of the way and the final phase of the trial begins with the closing arguments of each counsel.

The Judge has come into the courtroom and notes the jury will be delibearting tomorrow starting at 9AM and says they are not allowed to discuss the case with anyone outside of the jury.

1:00PM: Apple counsel begins the closing arguments as the courtroom is hushed. Tough attorney Harold McElhinny says that “this is [his] opportunity to remind you why you’ve heard some of what you have heard. Focus on the big picture, then focus on the details.’rting tomorrow starting at 9AM and says they are not allowed to discuss the case with anyone outside of the jury.

1:05PM: The attorney says there are three big picture points in this trial but that documents are the most valuable key. He says mistakes can be mistaken in good faith and they can be mistaken in bad faith. But historical documents are almost always [the truth]. if you want to find out what really happened, make a chronology. when you get the jury room and you print the testimony of the chronology. Let me preview what you will find when you start

1:10PM:“Steve jobs started the iPhone development program in 2003. You’ve heard from Chris Stringer and the number of designs that took to get the product done. Phil Schiller talked about the immense risk the company took. Attorney shows a slide of what the phones looked like between 2004 and 2007. “In 2007 Steve Jobs shocked the world and had turned over the product process to inventors and designers. It was the most important product in the world.”

1:16PM: In a document, the Apple attorney notes the Samsung document that identifies the reasons for the iPhone success. It shows how it was an Apple design that wvas beautiful.

1:17PM: Exhibit 36: this is a document, a historical document, what Samsung was thinking in 2008. It calls the iPhone a revolution.

1:20PM: The attorney shows the quotes users and gadget reviewers. The phone was “sexy and easy to use” and “world changing.”

1:05PM: The attorney says there are three big picture points in this trial but that documents are the most valuable key. He says mistakes can be mistaken in good faith and they can be mistaken in bad faith. But historical documents are almost always [the truth]. if you want to find out what really happened, make a chronology. when you get the jury room and you print the testimony of the chronology. Let me preview what you will find when you start

1:10PM:“Steve jobs started the iPhone development program in 2003. You’ve heard from Chris Stringer and the number of designs that took to get the product done. Phil Schiller talked about the immense risk the company took. Attorney shows a slide of what the phones looked like between 2004 and 2007. “In 2007 Steve Jobs shocked the world and had turned over the product process to inventors and designers. It was the most important product in the world.”

1:16PM: In a document, the Apple attorney notes the Samsung document that identifies the reasons for the iPhone success. It shows how it was an Apple design that was beautiful.

1:17PM: Exhibit 36: this is a document, a historical document, what Samsung was thinking in 2008. It calls the iPhone a revolution.

1:20PM: The attorney shows the quotes users and gadget reviewers. The phone was “sexy and easy to use” and “world changing.”

1:22PM: It was a three month effort to duplicate the design of the iPhone. In those three months, Samsung was able to copy and incorporate Apple’s four investment “without taking on any of the risk.”

1: 40PM: In a document, Samsung identifies the reasons for the iPhone success. Showing how it was an Apple design that was beautiful. He talks about the semiconductor side of Samsung.

1: 46PM: Attorney holds exhibit 36: this is a document, a historical document, what Samsung was thinking in 2008. It calls the iPhone a revolution. Qutotes users and gadget reviewers. The phone was “sexy and easy to use” and “world changing.” In August of 2012, Apple called Samsung, to insist that they stop using Apple’s patent claim.

1:59PM: Samsung counsel Charles Verhoven is going to be the main speaker for the company at the final argument. He says this trial is about giving the little people more of a chance. To make sure that competition between companies is alive and thriving in America.

2:05PM: Verhoven implies that if Apple wins this trial it will turn the country into a giant cesspool of conglomerates that block competition. Think about Silican Valley, he says. How did it happen? Because of free competition. COnsumers deserve a chouce between a lot of great products. And he says it’s not against the last to be inspired or to have competitive analysis and to see how they are doing and say — how can we do better?

218PM: Verhoeven talks about the limits of the smartphone and the reasons why most phones look alike. He cites the form-factor of most smartphone products and finds it is interesting in knowing the limit of a smartphone. He says there’s a functional limit. Every smartphone is the size of the pocket in a pair of pants, for example, so form follows function.

2:19PM: Is anyone really deceived by these products? Verhoeven says that they aren’t. There is no deception and no confusion and Apple has no credible evidence, he declares.

2:40PM: Counsel goes over the shape of the iPhone and the accused products and intimates that the iPhone design included elements that other phone did include.

2:45PM: He goes over the distinguishing features of the Phone and the rival Galaxy phone from Samsung. He said the iPhone design wasn’t that different and there probably won’t be any confusion when customers buy a new one.

3:20PM: Verhoeven says that out of all of the icons in the iPhone versus the first Galaxy, only two seem similar. He cites evidence and testimony from Susan Kare admitting this is the case. He talks about the earlier testimony using the same colors of the iPhone and Samsung’s Android phones.

3:26PM: Verhoevan on Apple’s Trade Dress claims, including those of the tablets. The attorney brings out a Galaxy Tab and he displays on a projector the process of logging into the tablet. He feigns a bit of surprise when the screen takes forever to land the main page. From here he shows that it is easy to see that it looks nothing like the iPhone’s or the iPad.

3:30PM: Verhoeven goes in depth into the testimony of Jin Soo Kim, one of the many Samsung designers. He shows the slide that shows the chronology that displays the timeline when development of Samsung’s phone started.

3:50PM: Verhoeven says Apple has not met its burden in introducing proper evidence or analysis in the trial.

3:53PM: Verhoeven once again brings up one of the most revealing documents in the trial. An email where Apple designers discuss the smaller tablet form factor of a Samsung new tablet and say they should probably do their own. Is that copying or inspiration? The jury will decide.

3:56PM: Verhoeven now goes over the famed Tablecloth (2005) on DiamondTouch tough screen technology, including going over the instructions in regards to the technology.

3:57PM The Launchtile system and the “snap-back” technology comes up before the Apple iPhone patent was ever submitted and he says this is a reason to decide the verdict Samsung’s way.

4:05PM: Short break for ten minutes. Samsung has about half an hour left.

4:27PM: Samsung attorney says design as a reason to move to another phone consists of only 1% of customers. As a result, alleging infringement based on design doesn’t work. He also looks at the survey testimony of Michael Wagner that revealed that most people stay with the phone that is on their carrier and don’t care much about the small icon design of a user interface.

4:30PM: Damages of $2.7 Billion for Apple are “ridiculous,” says Mr. Verhoeven. “Apple didn’t invent touch screen technology, didn’t invent the icons. You’ve got to use common sense.”

4:32PM: The Rebuttal Begins. Apple attorney Bill Lee is in charge and he’s going to take this trial baby home. Lee begins by thanking the jury for the work they have put in. He said no one is stopping Samsung from making their own smartphones, all we are saying is “Make your own.”

He explains why a patent protects an invention. He said those people are protected by our constitution. And why it’s important to protect those people, because otherwise, a company like Apple won’t have them work in a room for five years to come up with something revolutionary. He asks: Why did Samsung have people come to a place in Korea so they can copy Apple’s iPhone in three months? Answer: So they don’t have to put in the investment Apple did but so they could reap the benefit of the technology from little price and dedication, according to Apple.

4:49PM: Lee says Apple’s patents are commercially successful. The Samsung patents have not been used by anyone, and most likely won’t be used by anyone. He said because Apple’s inventions are successful, they are more likely to be copied.

4:57PM: “You have to decide between those who have lived by the rules and those who have not live by the rules.” Lee brings out a slide of the 941 disclosure patent. He says Dr. Tees’ testimony on the discussion of IPRs, and says Samsung didn’t disclose its patents in the proper way and therefore should not try to mine them years down the road for a big payday.

5:07PM: McElhinny comes back for a minute and says that if the jury goes for Apple, they will reaffirm the American Patent system because they know those investments will be protected. ‘The world is watching. Your decision will make a difference. The other way Samsung wins is if it compromises on damages.” He thanks the jury for their work and steps off.

5:08PM: Verhoeven comes back for a last round. He says there’s no evidence of Samsung deceiving companies or people whatsoever. He also says there is no evidence Samsung hid its patents to later use them in a suit like this one.

Verhoeven closes his book, thanks the jury briefly, and walks away. The trial is in the hands of the jury.

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