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Wednesday, 01 August 2012 08:21

Apple v. Samsung trial kicks off, opening statements delivered

Written by Peter Scott



Easier to copy than to innovate, claims Apple


The Apple v. Samsung patent trial kicked off on Tuesday, with lawyers trading punches and accusations before a federal court in San Jose. In their opening statements, Apple and Samsung laid out basic arguments, clinging to the official line, which is nothing new, as we heard similar arguments in previous trials.

Apple attorney Harold McElhinny told the jury that Samsung chose to copy rather than innovate.

“As we all know it’s easier to copy than to innovate,” he told the court, adding that Samsung copied the entire design and user experience.

McElhinny laid out Apple’s case, claiming that Samsung infringed the touchscreen characteristics of the iPhone after it was released in 2007. He concluded that Samsung smartphones and tablets are nothing more than knockoffs of Apple products.

Samsung responded by downplaying the significance of Apple innovations. Samsung attorney Charles Verhoeven stressed that Samsung employs thousands of engineers and spends billions on research and development.

"Samsung is not some copyist, some Johnny-come-lately doing knockoffs," he said.

Verhoeven argued that other companies and inventors filed patent applications for “rounded rectangles” patented by Apple, saying it is a basic form factor, although he admitted Samsung was inspired by the iPhone. So, it is a bit like Karl Benz patenting the wheel.
 
“Being inspired by a good product and seeking to make even better products is called competition,” Verhoeven said. “It’s not copying and it’s not infringing. Everybody does it in the commercial marketplace.”

More here.

Peter Scott

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