opening arguments

Key Apple patent used against Samsung under fire

A key patent that Apple successfully used against Samsung in its multibillion-dollar courtroom brawl earlier this year is at risk following a re-examination by the U.S. Patent and Trademark Office.

All 21 claims of U.S. patent No. 7,844,915 -- also known as the "pinch to zoom" patent -- were rejected by the Patent Office today, following a re-examination.

Samsung pointed this out in a filing to U.S. District Court Judge Lucy Koh this afternoon, noting that it was "relevant" given the company's effort for a retrial, as well as Apple'… Read more

Apple features worth up to $100 to Samsung buyers, witness says

SAN JOSE, Calif. -- Late afternoon testimony sent Samsung's lawyers scrambling to come up with a quick way to explain what was unquestionably the shortest time from any expert witness on the stand.

Apple called upon Massachusetts Institute of Technology marketing professor John Hauser to display the results of a survey claiming that Samsung consumers would pay anywhere from $39 to $100 for Apple's patented features -- the same ones Samsung has been accused of infringing in the trial between the two tech giants.

After what was mere minutes on the stand showing just a single slide with … Read more

Samsung to Apple: It's not copying, it's competing

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

Apple pitches its underdog cred in Samsung trial

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