Apple again seeks decisive U.S. court ruling against Samsung

Tue Apr 1, 2014 3:48pm EDT
 
Email This Article |
Share This Article
  • Facebook
  • LinkedIn
  • Twitter
| Print This Article | Single Page
[-] Text [+]

By Dan Levine

SAN JOSE, California (Reuters) - An Apple Inc attorney told jurors the company deserves about $2 billion from Samsung for copying the iPhone, but a Samsung lawyer said Apple was merely seeking to make up for losing its lead in the smartphone market.

The two companies returned to court on Tuesday for opening statements in their long-running patent battle. Jurors awarded the iPhone maker about $930 million after a 2012 trial in San Jose, California, but Apple failed to persuade U.S. District Judge Lucy Koh to issue a permanent injunction against the sale of Samsung phones.

A sales ban would be a far more serious threat to Samsung Electronics Co Ltd, which earned $7.7 billion in the quarter that ended in December. Samsung's mobile division, which includes smartphones, generated operating profit of 5.47 trillion won ($5.1 billion).

The current trial involves a fresh batch of Apple patents, which cover iPhone features like slide to unlock and search technology. Apple is again seeking to ban sales of several Samsung phones, including the Galaxy S III.

Apple attorney Harold McElhinny told the eight-member jury on Tuesday that Samsung had sold over 37 million phones and tablets that infringe its patents, and deserved an average royalty of $33 per phone.

"They will try to tell you that our inventions were and are trivial," McElhinny said. "And that they are not valuable."

McElhinny said Samsung could not compete with Apple and had reached a crisis by 2010. "It copied many many features," he said.

However, Samsung attorney John Quinn said Samsung's phones use Google Inc's Android operating system. The features Apple is claiming to own were actually developed by Google, which did not copy Apple, he noted.   Continued...

 
Apple attorney Harold McElhinny delivers opening statement in this courtroom sketch during Apple Inc vs Samsung Electronics Co Ltd case in U.S. District Court, Northern District of California in San Jose, California, April 1, 2014. REUTERS/Vicki Behringer