Source: macworld.com
The process, which is expected to occupy the court for the rest of Tuesday, began with Apple lawyer Harold McElhinny imploring the ten-person jury to look at the documents presented during the case in chronological order.
“Witnesses can be mistaken, exhibits for trial are always created for a purpose and can confuse and mislead, but historical documents are almost always where the truth lies,” McElhinny said.
During his 75-minute presentation, he reviewed some of the documents that Apple hopes will convince the jury that Samsung deliberately sought to produce what McElhinny called “iPhone knock-offs.”
They included an internal analysis by Samsung Semiconductor of the iPhone before it went on sale, design documents and mock-ups from computer-aided design systems and testimony from witnesses who spoke of similarities between phones from the two companies.
Apple alleges Samsung sold more than 22 million phones in the U.S. that violated the patents in question.
“Samsung makes fun of our damages claim. They make fun of us for asking for billions of dollars,” he said. “The damages should be large because the infringement is massive.”
Apple wants the jury to award it up to $2.75 billion for lost sales and profits as a result of the alleged infringement. If the jury decides the infringement was deliberate and willful, the judge hearing the case could triple the award.
Samsung lawyer Charles Verhoeven began his closing statement by targeting Apple’s design patent arguments. Apple failed to prove that any consumers had been confused by Samsung’s design.
“The reason they didn’t provide any evidence is because there is none,” he said. Apple is “asking you to prevent its biggest competitor from giving consumers what they want—smartphones with big screens.”
“The real reason Apple is bringing this case is because rather than compete in the marketplace, Apple is seeking a competitive edge in the courtroom.”
The closing arguments follow a morning during which the jury was read more than 100 pages of instructions for its deliberations, which are expected to begin on Wednesday morning.
The case, number 11-01846, pits plaintiff Apple against defendant Samsung in the U.S. District Court for the Northern District of California.
Updated at 3:20 p.m. PDT with additional information about the closing arguments.
[Martyn Williams covers mobile telecoms, Silicon Valley and general technology breaking news for The IDG News Service. Follow Martyn on Twitter at @martyn_williams. Martyn’s email address is martyn_williams@idg.com.]
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