SAN JOSE, Calif. (AP) — With jurors in the patent fight
between Apple and Samsung selected, attorneys for the world’s leading
smartphone makers were expected to make their opening statements in
federal court on Tuesday.
The trial in Silicon Valley marks the
latest round in a long-running series of lawsuits between Apple Inc. and
Samsung, with the companies accusing each other of stealing ideas and
features.
Jurors were selected on Monday. Most prospective jurors
said they were at least somewhat familiar with the dispute, including
many who work for companies affiliated with either Samsung or Apple.
Some locals had strong opinions.
"Neither company has been a
particular favorite of mine. Both have been bullies with their patent
libraries," said Armen Hamstra, a LinkedIn software engineer and patent
holder who was ultimately rejected as a juror.
If Apple prevails
in the current case, the cost to Samsung could reach $2 billion. Apple’s
costs, if it loses the litigation, were expected to be about $6
million.
Whatever the outcome, it could be the consumer who ends
up paying the ultimate price. Experts say the litigation could lead to
more expensive smartphones and devices and slow the overall pace of
mobile innovation.
"The most direct effect of this patent fight on
consumers would be if the judge blocked one of these popular phones
from the market," said Rutgers Law School professor Michael A. Carrier.
Carrier said patent litigation costs businesses time and money.
"What’s
even more worrisome for the effect on innovation is the impact on small
innovators," said Carrier. "Apple and Samsung can afford this
litigation. The next upstart cannot."
In the case in U.S. District
Court, Apple is 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.
The
two tech giants have battled in litigation around the world. Less than
two years ago, a federal jury in the same court 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.
Throughout three years of
litigation, Samsung’s global market share has grown. One of every three
smartphones sold last year was a Samsung, now the market leader. Apple,
with its typically higher priced iPhones, was second, with about 15
percent of the market.
Experts say the case underscores 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."
In court filings, Apple said Samsung 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 lightweight, ultra-slim 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."
Specifically, 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 receiving and
sending data.
Apple
is demanding 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.
___
Follow Martha Mendoza at https://twitter.com/mendozamartha
Copyright 2014 The Associated Press. All rights
reserved. This material may not be published, broadcast, rewritten or
redistributed.