trial

SAN JOSE, Calif.--Despite numerous pieces of evidence suggesting Samsung eyed Apple's software in the creation of its devices, a new internal memo shows that some inside the company warned designers against mimicking the iPhone too slavishly.

Near the tail end of cross examining Terry Musika, the accountant Apple hired to estimate the $2.5 billion damages figure in the case, Samsung brought out an e-mail thread from one of its own top designers, Sungsik Lee.

The e-mail, sent on March 2, 2010, and addressed to the company's "UX [user experience] executives," makes the case that … Read more

SAN JOSE, Calif. -- According to Apple's internal research data, the top reason U.S. phone shoppers bought an Android device instead of an iPhone was to stick with their carrier.

The study, which covers just the U.S. market, was published by Apple internally in January 2011, and brought out by Samsung as evidence today.

Forty-eight percent of those surveyed in 2010 -- less than 3 years after the introduction of the first iPhone and well into Google's Android era -- said they bought an Android device because they "wanted to stay with (their) current wireless … Read more

SAN JOSE, Calif. -- $2.5 billion is a lot of money, and it's the low end of what Apple says Samsung should pay for selling products that look and feel like the iPhone and iPad.

But just how did Apple reach that tally?

To explain, Apple today called on Terry Musika, a certified public accountant who has been involved with more than 200 intellectual property cases, including this one between the two tech giants.

In short, it's complicated.

"The calculation had to be done on a phone by phone, tablet by tablet basis," Musika said. &… Read more

SAN JOSE, Calif. -- Whether or not you agree that Samsung copied the look and feel of Apple's products, it's now clear that Apple put the company in a difficult position when it first accused Samsung of copying.

In testimony here today, Boris Teksler, Apple's director of patent licensing and strategy, noted that while Apple initially approached the company to accuse it of copying its products and infringing on a multitude of its patents, Apple would not outright license any of those main patents to another company.

"We were clear we weren't offering a license … Read more

SAN JOSE, Calif. -- As part of its spat with Samsung, Apple has entered into evidence the original slide deck it says it brought to top Samsung executives to say Samsung was ripping off its products.

The 67-page presentation -- embedded in full below -- was presented on August 4, 2010, according to Boris Teksler, Apple's director of patent licensing and strategy. Teksler took to the stand in court today to explain the beginnings of strife between the two companies, though he said he himself was not at the meeting.

Two months after the presentation was shown, Apple came … Read more

SAN JOSE, Calif. -- We know where the fight between Apple and Samsung is right now, but how did it really begin? Apple laid out at least part of that story in court here today.

On the stand was Boris Teksler, Apple's director of patent licensing and strategy, who went over slides brought to a private meeting with Samsung on August 4, 2010, a few months after the release of the first iPad.

"Steve Jobs and Tim Cook called Samsung executives to meet with them," Teksler recalled.

The presentation, entitled "Samsung copying iPhone," detailed various … Read more

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

SAN JOSE, Calif. -- To help quantify how consumers could confuse Samsung's devices with Apple's, Apple has whipped out another study of shoppers.

In U.S. District Court here today, Apple called on Kent Van Liere, a survey research expert, who polled mall visitors to determine whether certain Samsung smartphones and tablets would be associated or, worse, confused with Apple's iPhone and iPad.

Van Liere said that yes, that turned out to be the case with separate studies of both devices.

For smartphones it was Samsung's Galaxy Fascinate and Galaxy SII Epic 4G smartphones, along with … Read more

SAN JOSE, Calif. -- Apple today said it plans to run through the rest of its major witnesses perhaps as soon as the end of the day, after which it will hand control of the case over to Samsung.

Apple's attorneys said in court this morning that they would get through another handful of its witnesses, picking up the pace from earlier in the week, when the company focused strongly on just a few design and marketing experts.

So far Apple has brought out two of its key executives, marketing chief Phil Schiller and iOS chief Scott Forstall, as … Read more