In what would be the highest jury award ever in a patent case, Apple is seeking more than $2 billion in damages from Samsung for allegedly infringing phones.
The court papers submitted by Apple representatives say that Samsung has been copying Apple’s technology and products as well as features and designs. Samsung has deluged markets with devices that infringe Apple’s patents.
"The evidence in this case will be that Samsung copied the iPhone and it also took many other Apple inventions that had not yet appeared in Apple products," said Apple attorney Harold McElhinny. "Samsung did not stop with competitive intelligence," he said. "Copying the iPhone was literally built into the Samsung development process."
California-based Apple has also demanded that market leader Samsung pay a $40 royalty for each smart phone that supposedly has technology conceived by Apple. That is more than five times more than the amount sought in the 2012 trial. If Apple prevails, the costs to Samsung could reach nearly $2 billion. If Apple loses the litigation, costs are expected to be about $6 million.
Additionally Samsung hopes to draw Google into the battle by calling the engineers who designed the search giant's Android system, which is used by Samsung's smartphones to provide concrete evidence of them working on these features independently of Apple’s work.
The trial that began on Monday in San Jose with jury selection is nearly an exact repeat of the 2012 trial in which a federal jury found that Samsung was infringing on Apple patents. The Korean tech giant was ordered to pay about $900m in damages but is appealing and has been allowed to continue selling products using the technology. Apple this time alleges Samsung has copied newer Apple products such as the iPhone 5 in its more recent Galaxy smartphones and tablets. In a counterclaim, Samsung accused Apple of stealing two of its ideas to use on iPhones, iPod and iPad products. It countered that Apple allegedly stole a wireless technology system that expedites the sending and receiving of data.
In the recent case Apple believes that Samsung stole particularly two ideas from them. One idea is a tap-from-search technology that allows someone to be able to search for a telephone number or address on the web and use those results to call the searched number or put the address into a map. The second violated idea is something called Slide to Unlock, which allows a person to unlock the smart phone by swiping their hand over it.
The trial will continue till the second half of May at the very least, with three court days scheduled per week this month, followed by jury deliberation. It remains to see what comes from this third trial in this long-running Apple-Samsung patent battle.