Jury selection begins in Apple-Samsung case

SAN JOSE, Calif.— Jury selection began Monday in the latest legal battle between the fiercest rivals in the world of smartphones, with Apple and Samsung accusing each other, once again, of ripping off designs and features.

The trial in Silicon Valley marks the latest round in a long-running series of lawsuits between the two tech giants that underscore 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.”

The latest Apple-Samsung case will be tried less than two years after a federal jury 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.

Dozens of attorneys gathered in U.S. District Court for the latest legal skirmish in which Apple Inc. accuses 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.

“Apple revolutionized the market in personal computing devices,” Apple attorneys wrote in court filings. “Samsung, in contrast, 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 ultra-slim, lightweight 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.”

In the current case, 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 sending and receiving data.

The most attention-grabbing claim in the case is Apple’s demand 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 between smartphone companies.

If Apple prevails in the case, the cost to Samsung could reach $2 billion. Apple’s costs, if it loses the litigation, are expected to be about $6 million. The costs could be passed on to consumers, experts said.

“You rarely get from the jury what you ask for, so companies aim high,” said German patent analyst Florian Mueller. “But in my opinion this is so far above a reasonable level the judge should not have allowed it.”

The problem, he said, is that each smartphone has thousands of patented ideas in it; Apple is challenging just five.

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

Apple claims the following Samsung products now infringe on Apple patents: Admire, Galaxy Nexus, Galaxy Note, Galaxy Note II, Galaxy SII, Galaxy SII Epic 4G Touch, Galaxy SII Skyrocket, Galaxy SIII, Galaxy Tab II 10.1 and Stratosphere.

Samsung claims the following Apple products infringe on Samsung patents: iPhone 4, iPhone 4S, iPhone 5, iPad 2, iPad 3, iPad 4, iPad mini, iPod touch (fifth generation), iPod touch (fourth generation) and MacBook Pro.

With the San Jose federal courtroom just a 15-minute drive from Apple’s Cupertino headquarters, even jury selection can be difficult. In the previous case, several prospective jurors were dismissed because of their ties to the company.

More in Herald Business Journal

Tulalips break ground on new Quil Ceda Creek Casino Hotel

A 150-room hotel was added to what is now a $140 million complex expected to open in spring 2019.

For modern women, 98-year-old rejection letters still sting

In a stark new video, female Boeing engineers break the silence about past inopportunity.

Angel of the Winds pays $3.4M for Everett arena naming rights

The casino replaces Xfinity as the lead sponsor for the publicly owned downtown Everett events center.

Teddy, an English bulldog, models Zentek Clothing’s heat regulating dog jacket. (Ian Terry / The Herald)
Everett clothing company keeps your dog cool and stylish

Zentek uses space-age fabrics to moderate the temperature of pets and now humans.

Providence Hospital in Everett at sunset Monday night. Officials Providence St. Joseph Health Ascension Health reportedly are discussing a merger that would create a chain of hospitals, including Providence Regional Medical Center Everett, plus clinics and medical care centers in 26 states spanning both coasts. (Kevin Clark / The Daily Herald)
Merger would make Providence part of health care behemoth

Providence St. Joseph Health and Ascension Health are said to be talking. Swedish would also be affected.

Bombardier promotes its C Series airliner as American made

It says more than half its all-new jet is made in US factories with final assembly near Montreal.

Everett engineers learn lessons from Mexico City catastrophe

Structural scientists went to help after the September earthquake there and studied the damage.

Airports want to nearly double passengers’ user fees

Delta says airports will rake in $3.6 billion in passenger facility charge taxes this year.

UPS delays mount as online shopping hobbles courier’s network

FedEx completed 97.1 percent of its ground deliveries on time in the same period.

Most Read