Choosing jury in Apple-Samsung case may be hard

Apr 1 2014, 12:12am CDT | by

SAN JOSE, Calif. (AP) — Jury selection promised to be a challenge for the world's leading smartphone makers as they continued their patent fight in federal court on Tuesday.

The trial in Silicon Valley marks the latest round in a long-running series of lawsuits between Apple Inc. and Samsung, with the companies accusing each other of stealing ideas and features.

One reason choosing a jury could be difficult is because the federal courthouse in San Jose is just a 15-minute drive from the Cupertino headquarters of Apple.

Most prospective jurors said they were at least somewhat familiar with the dispute, including many who work for companies affiliated with either Samsung or Apple. Some locals had strong opinions.

"Neither company has been a particular favorite of mine. Both have been bullies with their patent libraries," said prospective juror Armen Hamstra, a LinkedIn software engineer and patent holder who was not immediately excused from the jury pool despite requests from attorneys.

If Apple prevails in the current case, the cost to Samsung could reach $2 billion. Apple's costs, if it loses the litigation, were expected to be about $6 million.

Whatever the outcome, it could be the consumer who ends up paying the ultimate price. Experts say the litigation could lead to more expensive smartphones and devices and slow the overall pace of mobile innovation.

"The most direct effect of this patent fight on consumers would be if the judge blocked one of these popular phones from the market," said Rutgers Law School professor Michael A. Carrier.

Carrier said patent litigation costs businesses time and money.

"What's even more worrisome for the effect on innovation is the impact on small innovators," said Carrier. "Apple and Samsung can afford this litigation. The next upstart cannot."

In the case in U.S. District Court, Apple is accusing Samsung of infringing on five patents on newer devices, including Galaxy smartphones and tablets. In a counterclaim, Samsung says Apple stole two of its ideas to use on iPhones and iPads.

The two tech giants have battled in litigation around the world. Less than two years ago, a federal jury in the same court found Samsung was infringing on Apple patents. Samsung was ordered to pay about $900 million but is appealing and has been allowed to continue selling products using the technology.

Throughout three years of litigation, Samsung's global market share has grown. One of every three smartphones sold last year was a Samsung, now the market leader. Apple, with its typically higher priced iPhones, was second, with about 15 percent of the market.

Experts say the case underscores a much larger concern about what is allowed to be patented.

"There's a widespread suspicion that lots of the kinds of software patents at issue are written in ways that cover more ground than what Apple or any other tech firm actually invented," Notre Dame law professor Mark McKenna said. "Overly broad patents allow companies to block competition."

In court filings, Apple said Samsung has "systematically copied Apple's innovative technology and products, features and designs, and has deluged markets with infringing devices."

Samsung countered that it has broken technological barriers with its own lightweight, ultra-slim phones.

"Samsung has been a pioneer in the mobile device business sector since the inception of the mobile device industry," Samsung attorneys wrote. "Apple has copied many of Samsung's innovations in its Apple iPhone, iPod, and iPad products."

Specifically, Apple claims Samsung stole a tap-from-search technology that allows someone searching for a telephone number or address on the Web to tap on the results to call the number or put the address into a map. In addition, Apple says Samsung copied "Slide to Unlock," which allows users to swipe the face of their smartphone to use it.

Samsung countered that Apple is stealing a wireless technology system that speeds up receiving and sending data.

Apple is demanding that Samsung pay a $40 royalty for each Samsung device running software allegedly conceived by Apple. The figure is more than five times more than the amount sought in the previous trial and well above other precedents.

___

Follow Martha Mendoza at https://twitter.com/mendozamartha

Source: AP Apple

 
 

Don't miss ...

 

<a href="/latest_stories/all/all/31" rel="author">Associated Press</a>
The Associated Press (AP) is one of the largest and most trusted sources of independent newsgathering, supplying a steady stream of news to its members, international subscribers and commercial customers.

 

blog comments powered by Disqus

Latest stories

Apple TV Release Pushed Back to 2015
Apple TV Release Pushed Back to 2015
The debut of the Apple TV has been delayed due to the contractual issues with the cable companies
 
 
The Basic Model of the New 15-Inch Retina MacBook Pro Shows Significant Speed Bo
The Basic Model of the New 15-Inch Retina MacBook Pro Shows Significant Speed Boost
The 15-inch Retina MacBook Pro proves that it can perform much better than its predecessors
 
 
Apple Reportedly Releasing the iPhone 6 on October 14
Apple Reportedly Releasing the iPhone 6 on October 14
iPhone 6 will be revealed on September 16, followed by being revealed on October 14
 
 
Depression increases dementia risk
New York, July 31 (IANS) The secret of preventing memory loss in old age may lie in treating depression and causes of stress early as researchers have confirmed that depression indeed increases the risk of dementia.
 
 
 

Latest from the Network

Indian medal winners at the 2014 Commonwealth Games
Glasgow, Aug 1 (IANS) The following is the list of Indian medal winners at the 2014 Commonwealth Games here: Gold: Sanjita Khumukchan: women's 48 kg weightlifting Sukhen Dey: men's 56 kg weightlifting Abhinav Bindra:...
Read more on Sport Balla
 
Zoe Saldana is a 'bad influence' on sisters
Zoe Saldana claims she is a ''bad influence'' on her sisters, Mariel and Cisley. The 36-year-old actress, who is reportedly expecting twins with husband Marco Perego, admits she has ''almost 10'' hidden tattoos on her...
Read more on Celebrity Balla
 
Kylie Jenner gets new Range Rover for birthday
Kylie Jenner has got a new Range Rover ahead of her birthday. The 16-year-old reality TV star - who will turn 17 on August 10 - shared a photograph of the expensive black vehicle, believed to have been a gift from her...
Read more on Celebrity Balla
 
Ne-Yo sues accountant for $8 million
Ne-Yo is suing his former accountant for $8 million. The 'Closer' hitmaker, real name Shaffer Smith, has filed a new lawsuit against his one-time ''manager, confidant, trusted adviser and friend'' Kevin Foster in...
Read more on Celebrity Balla
 
Brad Pitt and Angelina Jolie exchanged love letters
Brad Pitt and Angelina Jolie exchanged romantic love letters when they were forced to be apart last year. The 39-year-old actress, who has six children, Maddox, 13, Pax, 10, Zahara, nine, Shiloh, eight, and five-year-...
Read more on Celebrity Balla
 
Perfect day for Indian shuttlers at CWG
Glasgow, Aug 1 (IANS) Indian shuttlers had a perfect day at the Commonwealth Games as all of them won their respective Round of 16 matches to proceed to the quarter-finals at the Emirates Arena here Thursday. To start...
Read more on Sport Balla
 
Tintu fails to qualify for women's 800m final
Glasgow, Aug 1 (IANS) Indian athlete Tintu Luka failed to qualify for the women's 800 metres final at the Commonwealth Games here Thursday. The 25-year-old could only manage to finish seventh out of eight competitors...
Read more on Sport Balla
 
Apple TV Release Pushed Back to 2015
The consumers will not get new Apple TV in this year, as a new report claims that the debut of the specific device has been delayed until 2015.According to Mac Rumors, the news has been published by the Information,...
Read more on Apple Balla
 
The Basic Model of the New 15-Inch Retina MacBook Pro Shows Significant Speed Boost
The recently released entry level 15-inch Retina MacBook Pro can work faster than its predecessors, as it shows a decent score in the GeekBench test.According to Mac Rumors, after going through the GeekBench3 test, the...
Read more on Apple Balla
 
Ebola outbreak: $100 mn response plan in West Africa
Geneva, Aug 1 (IANS) The director-general of the World Health Organisation (WHO) and presidents of West African countries hit by the Ebola virus outbreak will Friday meet in Guinea to launch a new $100 million response...
Read more on Business Balla