“Apple’s second patent infringement trial against Samsung begins today, outlining a battle that the two sides are waging in very different ways,” Daniel Eran Dilger writes for AppleInsider. “Apple will be expanding upon its legal strategy outlined in the first trial, while Samsung is starting over with an entirely new tactic aimed at devaluating Apple’s inventions so it can continue using them for virtually nothing.”
In the first trial, “Apple prevailed in convincing the jury that Samsung had infringed both its uniquely distinctive technologies and its trademarked overall appearance, largely using evidence generated by Samsung itself, including the 132 page ‘Copy Cat’ internal document that detailed Samsung’s efforts to copy the unique features of Apple’s iPhone over just a period of a few months in order to deliver its own Galaxy line of devices that looked and worked so similarly to Apple’s that customers could be expected confuse the two,” Dilger writes. “For its second trial, Apple has scaled back the hundreds of iPhone patents it could leverage in court down to five key patents (down from around eleven in the original filing) that are relatively easy to present to a jury. There are no Apple design patents in this case, only utility patents with clear relevance to Apple’s allegations that Samsung willingly copied differentiating features of Apple’s products to confuse the market and avoid having to invest years of its own efforts into crafting an original mobile experience.”
Dilger writes, “Already, the significant damages that Apple is seeking in the second trial have received criticism for being ‘too high,’ even before Apple has argued its case. Of course, it’s in Samsung’s best interests to argue that patents aren’t really worth very much at all. That appears to be the core of Samsung’s new strategy in the second trial.”
Much more in the full article here.
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