Apple vs. Samsung: The Patent War Continues

Between the battle of two gigantic names in the mobile device industry, Apple accuses Samsung for stealing its idea as it knew that the new iPhone will become today's big seller. But Samsung fired back!

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This finger-pointing took place in U.S. District Court in San Jose, where Apple Inc. and Samsung Electronics Co. are accusing each other of stealing ideas from each other.

An attorney for Apple told jurors that Samsung knew Apple's iPhone would be a big seller when it first went on the market, however, Samsung fired back at Apple's accusations of patent theft after Apple jotted the point that Samsung stole its technology because the South Korean company didn't have a product that could compete; which in fact South Korean tech giant didn't write any of the Android software on its smartphones and tablets, Google did.

During his opening statement in the latest patent fight between the world's largest cellphone manufacturers, Apple's lawyer Harold McElhinny said "The evidence in this case will be Samsung copied the iPhone,", which Samsung expected to be Apple's opening remarks.

Samsung attorney Peter Quinn said "Not one of the accused features on this phone was designed, much less copied, by anyone at Samsung," to contrast Apple's statement.

Apple was certain, said Samsung has "systematically copied Apple's innovative technology and products, features and designs, and has deluged markets with infringing devices.". In oppose to the statement, Samsung attorney note that "Apple has copied many of Samsung's innovations in its Apple iPhone, iPod, and iPad products.", "Samsung has been a pioneer in the mobile device business sector since the inception of the mobile device industry,". 

"It appeared that Samsung was going to be doing a lot of copying of our product. It looked like an attempt to copy the iPhone," Apple's senior vice president of worldwide marketing — Phil Schiller said as he seated to be the trial's first witness. The relationship between the companies has soured since Samsung launched the Galaxy smartphone, Schiller added.

"They don't own the only way to search on a phone, they don't own the only way to sync, they don't own the only way to unlock with a swipe," Peter Quinn said to counter Apple's statement "Samsung went far beyond competitive intelligence and crossed into the dark side of intentionally copying,", which McElhinny delivered.

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Samsung have to pay an average of $33 for each of the devices running software allegedly conceived by Apple, and $40 per high-end device as per Apple's demands. The figure is well above other precedents, but Apple's legal team said it's fair compensation for the losses.

If Apple prevails in the current case, the cost to Samsung could reach $2 billion. This will be another cost for Samsung after $900 million was paid in the same courthouse ordered by the federal jury less than two years ago for infringing on Apple patents. On the other hand, if Apple loses the litigation, the costs were expected to be about $6 million.

Throughout the process of taking legal action, Apple, with its typically higher priced iPhones, was only ranked second, with about 15 percent of the market. Samsung overruns the global market share and has grown and hailed to be now the market leader after one of every three smartphones sold last year was a Samsung.

Peter Quinn was sure that this is Apple gross, gross exaggeration and an insult to their intelligence.

Jurors were selected on Monday. Most prospects said they were somewhat familiar with the legal dispute, including many who work for companies affiliated with Samsung or Apple.

According to a LinkedIn software engineer and patent holder who was rejected as a juror; "Neither company has been a particular favorite of mine. Both have been bullies with their patent libraries," — Armen Hamstra said.

But as stated the voice of the market, what the reality speaks are far beyond what this litigation has.