For one of the biggest patent trials in legal history, it is now the beginning of the end. Apple and Samsung delivered their final arguments in the San Jose, California courtroom on Tuesday, as the jury now prepares to begin deliberation.
Apple is seeking to claim as much of the $2.5 billion (£1.6 billion) it demanded over Samsung’s alleged patent infringements as possible, while the Korean firm hopes the court looks favourably upon its counter-suits relating to wireless technology patents.
Jurors are to be given a 100-page deliberation instruction document as well as a 21-page preliminary verdict form before presiding over the evidence. The latter will require members of the jury to decide which devices infringe on the others’ patents.
Samsung attorney Charles Verhoeven yesterday urged the court not to bow to Apple’s design infringement claims, which he says are too broad and risk stifling competition from other manufacturers. "Rather than competing in the marketplace, Apple is seeking a competitive edge in the courtroom," he said, according to Reuters. "[Apple thinks] it's entitled to having a monopoly on a rounded rectangle with a large screen. It's amazing really."
On the opposite side of the courtroom, Apple attorney Harold McElhinny told jurors to consider the testimony of a South Korean designer who worked for three months on Samsung phones, effectively producing what Apple had taken four-years to design. The Cupertino firm says this shows Samsung must have taken a short-cut and deliberately replicated its products.
"In those critical three months, Samsung was able to copy and incorporate the result of Apple's four-year investment in hard work and ingenuity -- without taking any of the risks," said EcElhinny.
Talks between each party’s CEO, Tim Cook from Apple and Kwon Oh Hyun of Samsung, ended in stalemate this week, after Judge Koh told the firms to settle their differences. It therefore comes down to the verdict of the San Jose jury, and ITProPortal will be delivering the outcome as it breaks.