evidence

Apple today told a U.S. district court judge in San Jose it would appeal her decision earlier this week not to ban sales of a number of Samsung phones.

Earlier this week Judge Lucy Koh denied Apple's bid for a sales ban on 26 Samsung products, saying that any infringing features were just part of a larger feature set, making a sales ban too broad. That decision meant Samsung can continue to sell those devices, which are mainly older models, in the U.S.

That sales ban effort was one of several following a jury verdict in August … Read more

It's been a busy week for Apple and Samsung, and there's still much more action expected.

The most recent move was a pair of orders late Monday that put the kibosh on Samsung's attempt to get a retrial, as well as Apple's bid for a ban a number of Samsung devices. U.S. District Court Judge Lucy Koh shot down both efforts.

What's left -- with this trial, at least -- is a judgement on damages: the amount Samsung needs to pay Apple, and one that's hotly contested by both sides. Apple wants to … Read more

Following last week's court ruling in the trial between it and Samsung, Apple this morning laid out which Samsung devices it wants banned from sale in the U.S.

There are eight in total out of the 28 that were included in the case. Those include: … Read more

SAN JOSE, Calif. -- After sitting through more than three weeks of complicated and quite often technical testimony, the nine individuals in the celebrated patent infringement dispute pitting Apple against Samsung, now have to pick a victor.

Jurors began deliberating on Wednesday, but barring a surprise, may take some time to reach a decision.

Legal experts caution that unless you're actually in the room watching the process unfold, this is the messiest part of any trial -- almost comparable to trying to get a group of friends to decide on pizza toppings -- and thus and hardest to handicap. … Read more

SAN JOSE, Calif. -- While Apple has painted Samsung as a copycat, Samsung fired back today, saying that if Apple wins its case, consumers would lose.

"Your decision, if you go Apple's way, could change the way competition works in this country," Samsung attorney Charles Verhoeven told jurors after pointing to the large collection of press in the back of the courtroom who were there to see closing arguments from both sides in the Apple v. Samsung patent trial.

"Rather than competing in the marketplace, Apple is seeking a competitive edge in the courtroom," he … Read more

SAN JOSE, Calif. -- Apple highlighted its broad collection of Samsung internal documents, and not the millions of dollars spent on witnesses, as reasons the jury should take its side in the patent case it filed against Samsung.

Apple attorney Harold McElhinny delivered the company's closing arguments in the form of a greatest hits from the evidence and testimony delivered during the company's trial with Samsung. However, he put the focus on the paperwork Apple obtained ahead of the trial.

"Witnesses can be mistaken. They can be mistaken in good faith," McElhinny said. "Exhibits that … Read more

SAN JOSE, Calif. -- Facing disclosure to a jury that both Apple and Samsung failed to uphold document retention laws, the two companies struck a deal to keep the matter private.

The offer came during a public hearing before U.S. District Court Judge Lucy Koh earlier today as both sides hashed out last-minute jury instructions and the particulars of a verdict form.

After Koh told Apple that she would be siding with Samsung over a retaliatory filing that would require her to tell jurors that both companies failed to retain e-mails (and other documents that might be critical to … Read more

SAN JOSE, Calif. -- Apple and Samsung brought out high-paid experts to figure out what each company owed the other in damages, but how will a jury of average Americans do when they get to make that decision?

That's on the mind of U.S. District Court Judge Lucy Koh, who expressed concern about the outcome while both companies hash out some last-minute arguments today.

"I am worried we might have a seriously confused jury here," Koh told legal counsel from both companies. "I have trouble understanding this, and I have spent a little more time … Read more

SAN JOSE, Calif. -- While the majority of the exhibits in the case between Apple and Samsung are commercially-available products and electronic documents, there's one peculiarity that stands out.

That would be a re-creation of the Fidler tablet, a skunkworks project out of publishing conglomerate Knight Ridder that very well could have changed both the technology and media industries had it seen the light of day. Roger Fidler worked with a team on a media tablet prototype when he ran the Knight Ridder Information Design Lab in the early 1990s.

The product never made it to market, of course. … Read more