trial

Apple wants the jury hearing the patent case involving Samsung to learn that two federal courts have found Samsung has a history of destroying evidence.

Apple said in court documents filed yesterday that not only did Samsung continue deleting e-mails involving this case even though it was required to preserve the data, but also, in 2004, a district court in New Jersey "issued adverse inference instructions against Samsung because it never flipped the 'off switch' on its...automatic computer e-mail policy [that] allowed e-mails to be deleted."

Opening arguments in the long-awaited trial between Samsung and Apple got … Read more

The lawsuit between two of the world's biggest phone makers continues, with Samsung pushing excluded evidence outside of the courtroom and into the public -- and getting a wrist-slap for it.

Following the testimony of Apple Senior VP Phil Schiller, Apple's counsel pointed out to Judge Lucy Koh that Samsung had leaked excluded evidence and a statement to the media.

Koh, audibly irritated, told Samsung to file a brief explaining who drafted the statement, as well as who from Samsung's legal team authorized it.

In an e-mail sent earlier today, Samsung said it would have presented evidence … Read more

SAN JOSE, Calif. -- A single button on one of Apple's phones or tablets might have gone through 50 or more iterations before ending up in the final design, one of the company's lead designers said today.

The first expert witness in the jury trial between Apple and Samsung here was Christopher Stringer, who has been an industrial designer at Apple since 1995 and helped design the iPhone along with other Apple products.

In his testimony, Stringer -- who donned an all-white suit to court -- said that the design process for any product typically began with lots … Read more

SAN JOSE, Calif. -- Samsung argued in court today that any similarities between its products and Apple's are just the result of doing business in the electronics industry.

"We're not standing here telling you ladies and gentleman of the jury that the iPhone wasn't commercially successful. It was an inspiring product to everyone, including the competition," Samsung's lawyer Charlie Verhoeven said. "But being inspired by a product and seeking to make better products is competition."

"It's not copying," he said.

Samsung's legal team proceeded to go into detail … Read more

SAN JOSE, Calif. -- Apple began day two of the trial between it and Samsung with opening statements depicting it as an underdog that came into the phone industry and changed the game.

Harold McElhinny, a partner at Morrison Foerster representing Apple, kicked off the case by saying the company had bet the farm on the iPhone in 2007, and competitors (though particularly Samsung) proceeded to copy it, leading to big profits and lost sales on Apple's part.

"Apple had absolutely no name in the field, no credibility. (The iPhone) was an entry that had it gone bad, … Read more

SAN JOSE, Calif.--The first day of the patent infringement trial between Apple and Samsung wrapped up with a jury in hand.

After whittling down a pool of prospective jurors, the court now has its 10, which will hear testimony and decide the case.

On the way to that selection, potential jurors were asked myriad questions ranging from what gadgets they owned to whether they worked for either company. Such a question was an important one given where the trial is taking place. The U.S. District Court here in San Jose is just a few miles away from Apple'… Read more

SAN JOSE, Calif.--"This will be a very interesting case," U.S. District Judge Lucy Koh told prospective jurors today, the first day of a trial between Apple and Samsung in a federal court here.

It's safe to say that's an understatement. While the trial, which is expected to run about a month, focuses mainly on patent infringement, it's at the center of a battle between two tech giants who hope to gain more of a foothold in the mobile device market and the electronics world at large.

The two sides are scheduled to … Read more

Former Apple designer Shin Nishibori is playing hard to get at testifying in the patent showdown between Apple and Samsung.

Samsung had been counting on Nishibori to appear in court. While at Apple, he developed designs of a Sony-like iPhone, according to AllThingsD, reportedly at the behest of Apple's design guru, Jony Ive.

The maker of Android-based smartphones has been arguing that Nishibori's designs serve as evidence that Apple's iPhone was influenced by Sony. If proven to be true, those claims would help Samsung, which has been accused of copying the iPhone for its own Galaxy smartphones. … Read more

As the Apple vs. Samsung patent trial rapidly approaches, settlement talks between the two companies still seem to be stymied, according to Reuters.

Apple CEO Tim Cook met with two of Samsung's top executives, vice chairman Choi Gee-sung and mobile chief Shin Jong-Kyun, in an undisclosed meeting last week to see if the two sides could resolve the matter before trial, according to Reuters. But the talks were to no avail -- mediation between the two companies still seems to have fallen short.

The two tech giants became embroiled in this legal battle in April 2011 when Apple filed … Read more