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Lewis Stickley/PA Archive/Press Association Images

Jurors begin deliberations in Apple/Samsung patent trial

Each company is accusing the other of stealing design technology. Take a look back at the legal row here…

NINE SILICON VALLEY residents who presided over the epic three-week patent trial between smartphone titans Apple Corp. and Samsung Electronics Co. began deliberating the multibillion-dollar case today.

Apple is demanding Samsung pay it $2.5 billion for allegedly stealing the design technology of the iPad and iPhone to create illegal knockoffs. Samsung counters that Apple stole its technology and is demanding $399 million.

During closing arguments yesterday, a lawyer for Apple said that Samsung was having a “crisis of design” after the launch of the iPhone, and executives with the South Korean company were determined to illegally cash in on the success of the revolutionary device

Samsung’s lawyer countered that the technology giant was simply and legally giving consumers what they want: Smart phones with big screens. Lawyers finished their closing arguments late yesterday.

The competing claims came after last-minute talks between chief executives failed to resolve the dispute.

Apple Corp. argues that Samsung Electronics Co. should pay the Cupertino-based company $2.5 billion for ripping off its iPhone and iPad technology when it marketed competing devices.

Massive infringement?

Samsung has sold 22.7 million smartphones and tablets using stolen — “infringed” in legalese — Apple technology since June 2010 on sales of $8.16 billion, Apple’s lead attorney, Harold McElhinny told jurors.

“The damages in this case should be large because the infringement has been massive,” he said.

McElhinny said Apple confronted Samsung about the alleged copying and sought a resolution before filing its lawsuit last year.

“Instead of doing the right thing, Samsung decided to gin up claims of its own,” McElhinny said of Samsung’s counter claim seeking $399 million from Apple for allegedly using Samsung technology in making the iconic iPhone and iPad.

Apple and Samsung combined account for more than half of global smartphone sales. Apple is also demanding that Samsung pull its most popular cellphones and computer tablets from the U.S. market.

“Apple is asking what it is not entitled to,” Samsung’s lawyer Charles Verhoeven said during his closing arguments. “Rather than competing in the marketplace, Apple is seeking an edge in the courtroom.”

Verhoeven argued that the state of technology has led most phone makers to design simple-to-use products with large, rounded rectangular faces. He conceded that Apple makes great products but said it doesn’t have a monopoly on the design it claims it created.

“There is nothing nefarious about this, it’s the way technology has evolved,” he said, showing jurors a slide of a Best Buy advertisement with photos of similar looking phones made by several different companies. “It’s not against the law in this country to be inspired by your competition.”

Verhoeven implored jurors to reject Apple’s claims as a way to preserve competition in the United States for smartphones and computer tabs. He said a verdict in Apple’s favor could reverberate throughout the marketplace.

“Consumers deserve a choice,” the lawyer argued.

Samsung: The underdog

The jury of nine people will consider the case after hearing three weeks of testimony from technology experts, patent professionals and company executives.

Apple’s damage demands, if awarded, would represent the largest patent verdict in the U.S.

From the beginning, legal experts and Wall Street analysts have viewed Samsung as the underdog. To begin with, Apples headquarters is a mere 10 miles from the courthouse, and jurors were picked from the heart of Silicon Valley where the company’s late founder Steve Jobs is a revered technological pioneer.

While the legal and technological issues may be complex, patent expert Alexander I. Poltorak says the case will likely boil down to whether jurors believe Samsung’s products at issue look and feel almost identical to Apple’s iPhone and iPad.

“Most jurors will probably say they look alike,” said Poltorak, who is chief executive of General Patent Corp.

In June, U.S. District Judge Lucy Koh called Samsung’s Galaxy 10.1 tablet computer “virtually indistinguishable” from Apple’s iPad and banned its sale in the United States until the resolution of the case.

“There was some evidence that Samsung altered its design to make its product look more like Apple’s,” Koh found two months before the trial started.

To overcome that hurdle, Samsung’s battalion of lawyers has been arguing that many of Apple’s claims of innovation are either obvious ideas or were actually stolen ideas from Sony Corp. and others. Experts called that line of argument a high-risk strategy because of Apple’s reputation as an innovator.

“Saying Apple is a copyist is going to be a hard sell,” said Ellen Brickman, a New York-based jury and trial consultant. “Apple changed the world when it came to computers. Apple changed the world when it came to phones.”

Poltorak said a verdict in Apple’s favor would cost Samsung a lot of money but wouldn’t dramatically disrupt the smartphone markets. He predicted that Samsung engineers would quickly redesign the company’s smartphone and computer tablets to compete if Apple wins the lawsuit.

Apple lawyers argue there is almost no difference between Samsung’s products and those of Apple, and presented Samsung’s internal documents they say show it copied Apple’s designs. Samsung lawyers countered that several other companies and inventors had previously developed much of the Apple technology at issue.

The U.S. trial is just the latest skirmish between the two over product designs. The two companies have been fighting in courts in Australia, the United Kingdom and Germany.

The case is one of some 50 lawsuits among myriad telecommunications companies jockeying for position in the burgeoning $219 billion market for smartphones and computer tablets.

Read: These iPhone 5 leaks suggest some big changes ahead>

Earlier: US court blocks sales of Samsung Galaxy Tab in patent dispute>

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27 Comments
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    Mute Silent majority
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    May 13th 2015, 12:06 PM

    A clear failure in procedure here, not government policy. The inclusion of ministerial criticism in this article is bewildering.

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    Mute RonanM
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    May 13th 2015, 12:14 PM

    Parish pump……

    42
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    Mute Niall Dawson
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    May 13th 2015, 12:12 PM

    Isn’t the driver suppose to check the carraiges afterwards to make sure stuff like this doesnt happen?

    131
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    Mute Fozz
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    May 13th 2015, 2:32 PM

    Yeah and when questioned the driver will be absolved of all responsibility at the behest of the union rep.

    51
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    Mute Dave barrett
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    May 13th 2015, 12:00 PM

    Do Irish rail have emergency buttons or pull cords for those with a disability in case of distress.

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    Mute RonanM
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    May 13th 2015, 12:09 PM

    Yes

    Emergency buttons in wheelchair ares, end of coaches and toilets but need to be pulled when train is active so it should of being pressed soon after arrival had nobody arrived.

    70
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    Mute Andrew Nolan
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    May 13th 2015, 11:52 AM

    So Irish Rail are now responsible for charging your phone?

    120
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    Mute RonanM
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    May 13th 2015, 12:08 PM

    Best thing is he had 3 hours beside a plug and didn’t use it!

    62
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    Mute Angry Squirrel
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    May 13th 2015, 12:46 PM

    No they are not, but they are responsible for a full and complete search of the carriages when the service of the train terminates for whatever reason.

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    Mute lostintallaght
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    May 13th 2015, 1:03 PM

    @RonanM, did you even read the article? It specifically says there were no charge points on this train. Keep trolling.

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    Mute neuromancer
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    May 13th 2015, 11:59 AM

    I remember once when I was locked on a train, most expensive pints I’ve ever had.

    110
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    Mute Manford Payce
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    May 13th 2015, 12:05 PM

    I’d kind of have assumed that with the modern fleet they’d be well equipped to handle disabled passengers, ramps, wide doors, emergency call buttons etc. It seems a serious failure of processes to allow this to happen. The poor guy.

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    Mute mike
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    May 13th 2015, 12:20 PM

    Irish rail are a f****n joke for disabled passengers. I dread going anywhere with them God knows where I’ll end up because I can’t guarantee a ramp will be where I actually wana go.

    66
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    Mute Byyys
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    May 13th 2015, 11:48 AM

    Good old journal.. yesterdays news today. The train driver didn’t bother walking through the train before locking all doors, turning off lights etc from the cabin. simple as that.

    65
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    Mute Chris Bruton
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    May 13th 2015, 11:50 AM

    “journal.. yesterdays news today.”

    Yet here you are.

    51
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    Mute RonanM
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    May 13th 2015, 11:50 AM

    The trains have auto shutdown….

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    Mute Byyys
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    May 13th 2015, 12:00 PM

    Yet here i am Chris… this was the most read topic on breakingnews website yesterday. at least the bus drivers check the bus before locking up, in case you know some disabled person cant get off or someone is fast asleep at the back of the bus. All doors are locked from the drivers cabin. when the train engine is shut down – the doors cannot be opened.

    33
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    Mute Chris Bruton
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    May 13th 2015, 12:51 PM

    Why you do frequent a site that has old news? Seems kinda dumb.

    24
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    Mute Stephanie Fleming
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    May 13th 2015, 4:44 PM

    Christ these comments show an appalling attitude towards people with disabilities. There is a huge level of ignorance on display here, which is understandable if you don’t work with people with disabilities. What troubles me is that people still seem to think themselves qualified to criticise Ger. As someone who both knows the man in question and treats people with his condition every day I can assure you that it is nowhere near as simple as some people have suggested.

    Climbing down out of Irish trains is not easy for people with impaired mobility. Walking along a flat aisle with seats all round to lean on is not the same as descending a high step, across a gap and onto a platform without rails. Indeed many people without impairments find some Irish platforms troublesome to use (the big curve in the platform in Kent Station in Cork anyone?)

    I ask you all please, for the sake of people with disabilities, consider the fact that you have neither sufficient information nor adequate qualifications before deciding if someone “disabled enough” to have a valid complaint. Many of these comments add insult to a complete stranger who has already undergone a humiliating experience, that is simply not ok.

    59
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    Mute whereisspace
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    May 13th 2015, 1:30 PM

    I don’t know why the guy is asking Ministers why it happened. It’s not as if they personally run the train service.

    Someone should do a check of the train when it stops for many reasons, security etc. They obviously failed this time and left this chap for 35 minutes. It is a mistake and I’m sure it was traumatic for the guy. Get over it and move one. No doubt a financial settlement will wipe the trauma away in an instant.

    49
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    Mute Shane Comer
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    May 13th 2015, 3:43 PM

    I know this man personally as a friend and this is the THIRD time this has happened to him on an Irish Rail train. He “got over it” as you so eloquently put it, twice previously and Irish Rail never responded to his complaints or acted on them if it’s happened a third time.

    He’s well entitled to publicly come out about his experience, maybe now Irish Rail will be forced to act to make their fleet accessible for all passengers. Or at the very least introduce new work protocols/practices to ensure this doesn’t happen again.

    67
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    Mute whereisspace
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    May 13th 2015, 4:05 PM

    Agree that a new protocol needs to be introduced for many reasons like this for example or security etc.

    But to address a Minister directly is, as a previous comment put it bewildering.

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    Mute Ann Glasgow
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    May 13th 2015, 4:51 PM

    @ shane comer well said , the bottom line is nobody gives a damn anymore! just pay your money and put up or shut up. irish rail and others see no reason to look after the customer, customer service means nothing. however, to be a disabled customer your in real trouble! just watch the bus service and how a wheelchair used is treated……many will pull up and just tell them the bus is too packed to take them …even if it isnt!
    shane , i am sorry to say we are a long way off making irish rail and others make their fleet accessible for all passengers, the biggest barrier is you are dealing with people that just dont care!

    21
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    Mute RonanM
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    May 13th 2015, 11:48 AM

    Complete overreaction by all, its not ad if IE set out to do it, nobody is prefect.

    There is emergency escapes if he wanted to get out to…

    32
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    Mute Dave Murray
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    May 13th 2015, 12:00 PM

    How would he get off the train without the wheelchair ramp???

    103
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    Mute Jimmy Murray
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    May 13th 2015, 12:05 PM

    What a stupid statement. He wasn’t in Lourdes

    69
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    Mute RonanM
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    May 13th 2015, 12:07 PM

    Using emergency door would open it and people would see.

    Anyway the person can walk, so he could of opened and looked out…

    Im not defending IE but mistakes happen, blowing it up to the media is attention seeking.

    45
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    Mute mike
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    May 13th 2015, 12:22 PM

    @ronanm you are a knob. A complete one

    71
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    Mute RonanM
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    May 13th 2015, 12:27 PM

    Very informative Mile….

    12
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    Mute Chris Bruton
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    May 13th 2015, 1:12 PM

    @ mike – are you taking the p*ss with your profile pic?

    https://pbs.twimg.com/profile_images/597603899680411648/Jzq1vnKf_400x400.jpg

    9
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    Mute Marshall kelly
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    May 13th 2015, 1:17 PM

    The same way he got out of his mobility scooter and got to the seating area..

    15
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    Mute Rachel Creevey
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    May 13th 2015, 2:03 PM

    RonanM, instead of giving out about something you clearly have no knowledge on; why don’t you just be thankful that you can avail of rail services without having to inform them in advance and then when you do get to use the train spend your time worrying whether there will be someone at the other end to help you get off!

    32
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    Mute Suzie Sunsine
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    May 13th 2015, 3:27 PM

    Ah Ronan m , the man is wheelchair bound did you not even read the article ?

    11
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    Mute Jimmy Murray
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    May 13th 2015, 4:44 PM

    Same thing happened to a friend of mine. They were left on the train also ! All the lights went out and nobody came with the ramp , just by chance a worker passed by and told them up at the station office !!! Excuse was they didn’t radio threw from cork to say a wheelchair was on board !

    7
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    Mute mike
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    May 13th 2015, 7:01 PM

    Out of myself I hope

    1
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    Mute Christy Nolan
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    May 13th 2015, 11:46 AM

    What do you expect from a bruton

    20
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    Mute Jimmy Murray
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    May 13th 2015, 4:49 PM

    Same thing happened to a friend of mine. They were left on the train also ! All the lights went out and nobody came with the ramp , just by chance a worker passed by and told them up at the station office !!! Excuse was they didn’t radio threw from cork to say a wheelchair was on board !

    13
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    Mute Tony Hartigan
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    May 13th 2015, 12:34 PM

    Irish Rail customer service is appalling. I spent 30 mind yesterday phoning Kent station to get time table eventually had to ring Dublin to get it. It rang out 4 times.

    12
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    Mute Dublinguy2013
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    May 13th 2015, 12:45 PM

    Google?

    39
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    Mute Deco James Connolly
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    May 13th 2015, 1:01 PM

    Google hasn’t been invented for some people yet.

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    Mute justanothertaxpayer
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    May 13th 2015, 1:04 PM

    Maybe they could post one out to you?

    16
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    Mute Powerful Sayings
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    May 13th 2015, 2:25 PM

    Jesus Tony. Hope it works out for you. Dreadful experience.

    21
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    Mute Vincent Wallace
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    May 13th 2015, 4:26 PM

    Learn how to work da Google on the Internet machine!

    8
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    Mute John
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    May 13th 2015, 8:17 PM

    Irish rail worker? Surely that’s a contradiction. I seen the Dublin to cork train leave heuston one day before any passengers had boarded because nobody was at the gate to check them on. The train travelled to cork empty. That actually happened believe it or not.

    6
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