Apple urges jury not to slap Samsung on the wrist; Highlights their reluctance to bring in top executives to testify

Thu, Aug 23, 2012

Legal, News

The Apple and Samsung case is now in the hands of the jury, after last-minute talks between Tim Cook and Samsung’s CEO failed to yield any type of settlement agreement between the two companies.

This past Tuesday, both Apple and Samsung delivered their closing arguments and Apple attorney Harold McElhinny spent a considerable amount of time highlighting for the Jury the plethora of evidence Apple introduced at trial which speaks to Samsung’s preoccupation with Apple and their unabashed efforts to copy Apple’s most successful products.

“Witnesses can be mistaken. They can be mistaken in good faith,” McElhinny said. “Exhibits that are created in a trial are always created with a purpose. They can confuse, and can mislead. Historical documents are almost always where the truth lies.”

And as for those historical documents, you might recall a damning internal Samsung presentation which went through, page by page, over 100 separate iPhone features with suggestions as to how Samsung might improve their own offerings by making their UI more Apple-esque.

What’s more, Apple showed how even Samsung’s icon design closely mimicked Apple’s own choices.

“They sat with the iPhone and went feature by feature, copying it to the smallest detail,” McElhinny explained to the Jury. “In those critical three months, Samsung was able to copy and incorporate the core part of Apple’s four-year investment without taking any of the risks, because they were copying the world’s most successful product.”

Apple also tried to play the “Samsung is a coward” card, so to speak, by pointing out that Samsung refused to bring down its top executives to testify. This of course stands in stark contrast to Apple who, from the get go, had top executives like Scott Forstall, Phil Schiller, and Greg Joswiak take the stand and testify.

From the very beginning, Samsung has disrespected this process. Apple brought you two of its most senior executives: Schiller and Forstall. They were willing to face cross. No Samsung execs were willing to come here from Korea and answer questions under oath. Instead of witnesses, they sent you lawyers.

“The damages in this case should be large, because the infringement have been massive,” McElhinny also added.

Apple of course is suing for upwards of $2.5billion in damages, though McElhinny, perhaps in an effort to cover all of his bases, explained to the jury that they have several different damages routes they can choose to take, ranging from $519 million to $2.48 billion. Still, McElhinny stressed to the jury that it was up to them to determine how competition in the tech sector is run, adding that if they just slap Samsung on the wrist, they won’t change their way of operating.

via CNET



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