Apple vs Samsung 2014 kicks off today, Apple wants Google to sit this one out [UPDATE]

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Yesterday, we gave you guys a run down of what is sure to be another fun filled year in the pissing match that is Apple vs Samsung: Part 2. Once again, the biggest mobile heavy weights on the glob will duke it out in a courtroom, with a jury of 8 ultimately deciding the victor.

Apple’s opening statement

Today, Apple outlined their overall strategy, claiming — just like in the previous trial (the one that found Samsung guilty of patent infringement) — that they put it all on the line back when they introduced the world to the original iPhone, only to have Samsung copy that magic and churn out millions of copy-cat products that have seen Samsung raking in billions of dollars every year.

This time around, there’s a whole new group of Samsung products Apple is claiming infringe on their IPs, and although Apple’s legal counsel says they could pull out over 50 patents Samsung is currently infringing — they’ve carefully chosen only 5 patents that are sure to bring them the win. Apple is hoping to prove to the court that because of these 5 infringed patents, they should be awarded $2 billion dollars. This number compiled by “experts” is a rough estimate of what it would have cost Samsung, had they just licensed these patents the legal way.

Yesterday we heard that Samsung could be calling in Google for backup, but during Apple’s opening statement, they mention that although Google made the operating system Samsung uses in their mobile devices (and is in most cases, the target of the infringement) it’s Samsung selling these products all over the world — not Google.

The best part about the trial is that because the lawsuit was filed back in 2012 (but only just made it to trial), many of the devices in question are no longer being actively sold. Sounds almost pointless to be pouring all this money into a trial, but we’re sure this is more about the principal for Apple. At this point, it sounds like Apple is simply trying to make a point. A very expensive one.

Samsung’s opening statement

Samsung’s opening statement was a bit more juicy than Apple’s. According the the defense, they allege it was merely competition with Samsung (and Android) that kept Apple up at night — and they have the internal emails to prove it.

The email in question links to a WSJ article titled “Has Apple Lost Its Cool to Samsung?” In the post, the WSJ talks about Samsung’s “Next Big Thing” marketing campaign — the one making fun of all the hipsters waiting in line for the next iPhone — in which Apple’s marketing chief Phil Schiller responds to the email with: “We have a lot of work to do.”

Samsung alleges that Schiller became so “obsessed” with Samsung’s new marketing campaign, he even asked Tim Cook to look into dropping their long time ad company TBWA\CHIAT\DAY. Schiller will be Apple’s first witness to take the stand once opening statements have concluded. Samsung is asking for $6.9 million in a counter suit.

Grab the popcorn

The jury consists of 6 men and 4 women from all walks of life (2 of which were dismissed). Everything from businessmen, to police officers and retired teachers. The trial will be ongoing throughout the entire month, with each side having 25 hours to make their case. Grab the popcorn and get comfy — this could take awhile.

[The Verge 1, 2]

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  • Martin Lane

    I just don’t care anymore, the us patent system is a joke and Apple have been abusing it for years.

    I just hope it comes around to bite them in the ass someday.

    • Matt Isaacs

      I think it already has, people seem to be moving away from them. I know some are for different reasons, but I bet they have lost several that just don’t believe in the practice. my 2 cents

      • http://twitter.com/gamercore Chris Chavez

        Just wait until they release that 5-inch iPhone. Sheeple will flood back in droves. -_-

        • Matt Isaacs

          The lines will be wrapped around the building… I just sit back and laugh

        • Andork

          I can’t wait!! I’m drooling over the possibility of 8 rows of apps. Who needs widgets when you can launch an app as fast as an IPhone can.

        • Anfronie

          have you seen the leak photos from the factory? Looks like its super long yet again…If they are real that is…

        • Henri Weich Conradie

          So very sad but it may end up being true, Chris. Apple can’t take 100% of the blame for their zombie followers, though. Those people did choose not to investigate beyond the static and unyielding little playground that is called iOS.

          • ari_free

            Well, Android isn’t helping by not having an upgrade system. Yay 5.5% on Kitkat…

          • Roaduardo

            Adverts did their jobs on both sides. Consumers fell for it and become evangelic to both brands it’s sad and scary at the same time. The constant arguments online… my goodness.

            Commenter claims one OS/mobile device is objectively better than another.

            Someone disagrees.

            Commenter asks them for citation for their opinion.

            The rest of us weep for humanity.

          • Henri Weich Conradie

            The fact that people disagree on topics like this isn’t the issue. It’s how they react and refuse to acknowledge when the other side has a point or when your opinion is wrong but you don’t want to admit it that makes it a bad thing.

          • Roaduardo

            I agree, that’s what I was attempting to describe. These poor people look at this legal battle as their own and take sides as if they have major stakes in the results of the case. It’s a bit out of hand and has been for quite some time.

        • Henri Weich Conradie

          Remember this, Chris? Watch Apple fanboys foam at the mouth: http://m.youtube.com/watch?v=XNBP18nrRdw

        • Henri Weich Conradie

          I’m sorry, Ari. I can’t hear you over the sound of my customisable device that can do cool things the iPhone can’t. Come back when there’s a replacement keyboard or Tasker app for the iPhone.

    • andrew

      i switched to an iphone 5 from a rooted motorola and am approaching my 2 years with it. it’s okay and it works. but i’m going with the s5 this year. maybe every 2 years ill switch between apple and android

      • Scotsman of Loch Ness

        Sounds like a nice way to sample both sides of the war. Possibly find suggestions to improve OSes/ROMs for both platforms.

      • IVHorseMen

        How do you manage to keep everything in tact from switching over?

        • andrew

          I move everything to my dropbox or google drive, and backup my contacts to google or just ask the carrier to move my contacts for me

          • IVHorseMen

            Interesting. I’ll have to keep that in mind, I wasn’t aware Apple would allow me to import through Google

      • irishrally

        You swing both ways. It’s cool man.

        • Henri Weich Conradie

          Oohh myy!

          • RussianDroid

            Set your phasers to “Oohh myy!”

        • andrew

          i see what you did there..lol

      • Henri Weich Conradie

        At least you didn’t become an Apple evangelist.

    • Captain Obvious says:

      Apple got slapped with a 2 billion dollar fine in the EU for violating patents a few months ago, funny how it got little attention in the US

      • Henri Weich Conradie

        They should have banned iPhone 5 and 5S sales in Europe. Teach Apple to stop being such a borderline dictator of a company.

      • Martin Lane

        First I’ve heard about this, guessing it didn’t get allot of coverage from the BBC either.

  • hemipw54

    We live on a “glob”, cool.

    • Henri Weich Conradie

      Based on this article I’d say the plane Earth is a bit of trouble.

  • Jody Schoolcraft

    Apple is disillusioned into believing they are the Connor MacLeod of phones/tablets… “There can be only one!!!”

    • Henri Weich Conradie

      I don’t even know who Connor MacLeod is.

      • Ken Tran

        Highlander

    • JFK06

      love the Highlander reference.

  • Christopher Brown

    They need someone that has some knowledge or experience on the jury and not just some random people thrown together. So that Apple can’t use their ignorance to mislead the jury

    • TCombel

      Seriously. A jury of their peers would be tech minded people.

    • http://www.howdohound.com HowDoHound

      Absolutely! I don’t understand why people who are regular consumers, or worse, merely aquatinted with the idea of smartphones (and most likely identify smartphones with iphones), get to sit on these juries. It’s like someone who only eats tofu getting to judge a steak contest. (Yes, that was the best I could come up with.. Deal with it.)

      • Henri Weich Conradie

        That analogy is perfect. You can’t reach a proper verdict if you don’t know the essential background and details relating to the case and situation.

    • Henri Weich Conradie

      Every court case on the planet that has had a jury from the general public was probably screwed up one way or another. You’re talking about members of the general public (more specifically the American public).

  • steveb944

    Haha, awesome pic. I played the demo of that game

    • Suck it facecake

      hahaha ok.

  • Mikey Styles

    When it comes to Apple vs. Samsung nothing surprises me anymore. Litigation not Innovation has been the standard set forth for many years among tech companies. At some point Apple will reach a crossroad as they can’t continue to apply for every possible tech/mobile patent in order to utilize as Intellectual Property for litigation against others.

  • http://twitter.com/Vanakatherock Vanakatherock

    Who is the presiding judge over the case?

    • Captain Obvious says:

      Good question, if its koh again the case needs to be dismissed

      • Henri Weich Conradie

        If it’s Koh again that April Fool’s Facebook post about America’s independence being revoked by the Queen (based on some solid reasons) may be more than just a joke.

      • http://twitter.com/Vanakatherock Vanakatherock

        Agreed. She’s clearly biased against non-American companies.

  • AmericanPatriot4

    this again….

    • Henri Weich Conradie

      Get the CEO’s of Apple and Samsung into a paintball game against each other along with their boards of directors. They’ll take out all their frustrations and they can make statements shortly after telling consumers to investigate both companies OS’s and devices to get a feel for what they really like (and not to believe everything they hear and read on news channels that don’t know anything about mobile devices).

    • No_Nickname90

      ASDF Movie!? You get ALL the internet trophies!!

  • Henri Weich Conradie

    Hipsters waiting in line for the iPhone. One of the best lines ever written in a Phandroid article, haha.

  • No_Nickname90

    This has upset me quite a lot. If the infringement is based on the software, and the software is Android based, why does Google have to sit out? If you’re targeting Samsung, it has to be something based on TouchWiz and not the Android system.

    Wasn’t one of the patents based on slide to wake? The last I remember, Samsung phones can wake from anywhere on the screen, you didn’t have to slide a “picture” or “icon” of any kind? What exactly is Samsung copying again?

  • Vadim Marchenko

    Apple is like Russia. You cannot make any deals with atitude and company like that. They will not stop they have to be stoped! Before its too late.

  • Christopher Robert

    I got a feeling Apple will lose this one. They are suing Samsung about Android software, and are trying to say that Google is not at fault because they do not sell the Samsung phones.

    Apple should be pissed about the “The Next Big Thing” adds though, but only because they are all so true.

  • Phaz0n

    Here we go again..I’m sick of these patent wars! F U Apple…I too hope this one turns around to bite you in the ass

  • Crickerman

    As long as software is covered under both copyright (which makes sense) and patent (a lot of arguments against) laws, these lawsuits won’t end. In any case, grab your popcorn.