It opened three weeks ago in San Jose, California trial described as the largest ever held on patents . The two opponents, the American Apple and the South Korean Samsung vying for more than a year accusing each other of plagiarism, must present their final arguments Tuesday by the voice of their lawyers hope to win this battle. The last witness them, spoke Friday. The nine jurors must decide by Wednesday on the following question: What Samsung patents he violated competitors to develop iPhone and iPad (it is acknowledged that the company has violated patents) ? Apple claiming $ 2.5 billion in damages and a ban on Samsung smartphones and tablets in the United States. Opposite Samsung, which cons-attack Apple in court, claiming $ 422 million. However, the owners of Apple and Samsung can always try to find an agreement before the deliberations.Samsung’s CEO said Monday he would talk with his counterpart from Apple . But hopes are slim. The two men had met before the trial and were not able to agree.
More different designs in the future?
While the decision is eagerly awaited, experts say that this trial will affect the market. And not just for Apple and Samsung. If the firm at the apple wins, experts believe that South Korean and other tech companies will be forced to develop unique devices that actually differ iPad or iPhone (such as Windows Phone, for example), to avoid such confrontations in court. “I think we’ll see a diversity of designs [smartphones and tablets] on the market if Apple wins,” said Christopher V. Carani, a lawyer specializing in intellectual property in Chicago, told the New York Times .
And if the jury biased in favor of Samsung, it could have the opposite effect. Apple will be very difficult to prevent competitors like Samsung to develop tablets and smartphones that recall his visually. They are not afraid to engage in such models if the Cupertino company fails to convince the court that Samsung has copied its products and knowingly violated patents as the rounded edges or single button. For Apple, the stakes are high: the second half of 2012 Android operating system of Google used by Samsung and other manufacturers for their smartphones and tablets, was present in 64.1% of smartphones sold worldwide , according to Gartner. Meanwhile, the share of iPhone sales was 18.8%.Preventing Samsung to sell its Galaxy in the United States, the firm at the apple could see its share rise again, as at the time it ruled the smartphone market.
Battle of figures
Among the evidence provided by Apple during the trial included an internal document from Samsung and e-mails showing that the South Korean firm wanted to imitate its products. The iPhone has had a galvanizing effect from Samsung. In a policy document of 132 pages dating from 2010, the South Korean has made many detailed comparisons of the iPhone interface and that of a smartphoneSamsung. Instead make every effort to show that Samsung has not imitated his rival, his lawyers argued during the hearing that several Apple patents were invalid because of previous technologies already used them, says the New York Times .
In addition, Samsung accuses Apple of misrepresenting margins that emerges with mobile devices. Michael Wagner, an accountant named by Samsung, said last Thursday the group’s margins in the United States in the segment of smartphones and tablets to about 12% (519 million). Expert Apple had previously assured that the Samsung margin on U.S. soil was closer to 35.5%.
“I do not smoke crack”
Thursday, Judge Lucy Koh has recommended both parties to find a negotiated solution to the dispute. “There are risks for both parties. I think it is at least worth a try, “she argued. “If what you want is to draw attention to the fact that there are intellectual property in these devices, the message is passed. It is time to make peace, “she said, addressing the boss of Apple, Tim Cook, and the Samsung, Kwon Oh-hyun.
Over the weeks, the judge was increasingly difficult to keep his composure.Exasperated by the behavior of the two firms, Lucy Koh had repeatedly behave like a teacher who scolded children unable to agree, reports Reuters. On Friday, four hours from the close of testimony, Bill Lee, counsel for Apple, presented a list 75 witnesses. The judge was upset: “Unless you do not smoke crack, you know that these witnesses will not be called!” Bill Lee answered: “First of all I do not smoke crack, I can tell you the provide. And we calculated the time so they can all testify. ” “Come on, this is ridiculous. You’re wasting time the jury “has finally launched Lucy Koh. It is time for everyone that the trial turned ends.