SAN JOSE, Calif. (AP) — The fiercest rivalry in the world
of smartphones is heading back to court this week in the heart of the
Silicon Valley, with Apple and Samsung accusing each other, once again,
of ripping off designs and features.
The trial will mark 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.
Now, jury selection is scheduled to begin Monday in
another round of litigation, with Apple Inc. accusing 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 upcoming 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, more than five times more than the amount
sought in the previous trial and well above other precedents between
smartphone companies. If Apple prevails, the costs to Samsung could
reach $2 billion. Apple’s costs, if it lost, are expected to be about $6
million.
"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.
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Follow Martha Mendoza at https://twitter.com/mendozamartha
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