Skip to main content

The Globe and Mail

'Samsung is not some copyist' – lawyer rebuts Apple's claim in landmark trial

Apple Inc.’s iPhone 4 smartphone, left, compared to a Samsung Electronics Galaxy S II smartphone.

Jo Yong Hak/REUTERS

Apple Inc. told jurors on Tuesday that Samsung's internal documents show it made a decision to copy the iPhone because the South Korean company could not compete in the smartphone market on its own.

However, Samsung Electronics Co. Ltd. contended that Apple could not claim a "monopoly" over the rectangular design with rounded corners, as it was invented before the iPhone.

"Samsung is not some copyist, some Johnny come lately doing knockoffs," Samsung lawyer Charles Verhoeven told the jurors.

Story continues below advertisement

Opening statements began on Tuesday in the high-profile U.S. trial between Apple and Samsung. Both sides relied on slides featuring various phone models, internal e-mails and news reports to make their points.

The world's largest consumer electronics corporations have been waging legal war around the world, accusing each other of patent violations as they vie for supremacy in a fast-growing market for mobile devices.

Apple lawyer Harold McElhinny started off by showing slides that featured old Samsung phones from 2006 and compared it with the South Korean company's newer smartphones from 2010.

The key question, Mr. McElhinny said, would be how Samsung moved from the old phones to "these phones." And even though Apple is a successful company, he said, it must defend its rights when someone steals their property.

"Artists don't laugh that often when people steal their designs," Mr. McElhinny said.

Mr. Verhoeven countered that many iPhone features, such as its popular minimalist design, had already been thought up by others before its release.

"There's a distinction between commercial success and inventing something," Mr. Verhoeven said.

Story continues below advertisement

Samsung showed slides featuring various mobile device designs prior to the iPhone that had rectangular form factors with rounded corners.

The legal action began last year when Apple sued Samsung in a San Jose federal court, accusing the South Korean company of slavishly copying the iPhone and iPad. Samsung counter-sued.

The Samsung products at issue run on the Android operating system, which is developed by Google Inc.

Mr. McElhinny showed jurors an internal Samsung product analysis which said the iPhone's hardware was "easy to copy." Another document prepared by a Samsung executive said the company was in a "crisis of design" due to the iPhone.

However, Mr. Verhoeven said Samsung's analyses were what all companies, including Apple, do in the smartphone industry.

Before opening statements began on Tuesday, U.S. District Judge Lucy Koh dismissed one of the jurors, a woman who works as an insurance agent. The woman said her employer would not pay her salary during jury service.

Story continues below advertisement

The nine member jury is now made up of seven men and two women.

Report an error
Comments

The Globe invites you to share your views. Please stay on topic and be respectful to everyone. For more information on our commenting policies and how our community-based moderation works, please read our Community Guidelines and our Terms and Conditions.

We’ve made some technical updates to our commenting software. If you are experiencing any issues posting comments, simply log out and log back in.

Discussion loading… ✨

Combined Shape Created with Sketch.

Combined Shape Created with Sketch.

Thank you!

You are now subscribed to the newsletter at

You can unsubscribe from this newsletter or Globe promotions at any time by clicking the link at the bottom of the newsletter, or by emailing us at privacy@globeandmail.com.