Apple And Samsung Head Back To Court As Jurors Are Chosen For Second Patent Trial

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Apple and Samsung have become very acquainted with one another in the courtroom. Every since Apple’s crushing victory against Samsung in 2012 over patent infringement, the tech giants have been duking it out through a seemingly-endless string of appeals. The culmination of 2012’s verdict is a second trial that begins today in San Jose, California.

Much in this trial is the same as the last: Apple and Samsung are both accusing each other of copying patented ideas, and there are billions of dollars on the table. But enough has changed to make the outcome of this second trial unguessable.

Apple didn’t get everything it wanted with its victory two years ago. The original $1 billion in damages Samsung had to pay was lowered, and Samsung has yet to pay any damages to Apple at all. Apple wasn’t able to ban the sale of Samsung’s phones and tablets in the U.S.

This time around, Apple is bringing five of its original patents to the table in an effort to collect around $2 billion in damages and possible sales bans. The patents include fundamental ideas to what makes a modern smartphone or tablet, like slide to unlock, quick links, and word suggestions in autocorrect. Both of Samsung’s patents that are being presented as evidence were not created within the company, but bought during its previous lawsuit with Apple.

The biggest change in this second trial is the inclusion of Google

The biggest change in this second trial is the inclusion of Google by Samsung. Unlike last time, Samsung is redirecting some of the blame to Google since the Android OS is the basis of Samsung’s mobile devices in the case. “That means that if Apple wins, Google could have to make changes to critical Android features, and Samsung and other Android phone makers might have to modify the software on their phones,” reports The New York Times.

Andy Rubin, a former Apple employee and current Google executive who oversaw the creation of Android, could testify during the trial. Apple’s Phil Schiller is expected to take the stand again. Like last time, a big part of Apple’s strategy will be focusing on how it “bet the company” on the original iPhone.

An engineer on the original iPhone team who gave a rare interview last week also happens to be the creator of the slide to unlock patent Apple is including in the case. In the interview, the engineer recalled how Steve Jobs personally oversaw the creation of the iPhone down to the smallest details. Apple started working on the project in early 2005, and “it involved rethinking every part of the phone from how to check voice mail to how to display a calendar.”

The court is selecting jurors today before the second trial gets underway. There has been some difficultly finding jurors without ties to Apple or Samsung since the court is in close proximity to Silicon Valley. Journalists in the courtroom have been live tweeting the proceedings throughout the day:

About the author

Alex HeathAlex Heath is a senior writer at Cult of Mac and co-host of the CultCast. He has been quoted by the likes of the BBC, KRON 4 News, and books like "ICONIC: A Photographic Tribute to Apple Innovation." If you want to pitch a story, share a tip, or just get in touch, additional contact information is available on his personal site. Twitter always works too.

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