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"First I showed the whole patent drawing, then I wanted to make it clear to the jury that this is what was actually claimed," Lucente said. An illustration in Apple's US Patent No. D618,677 (D'677) design patent. The dotted-line areas aren't claimed in the patent. Because Apple wants to emphasize the totality of the phone design, it argued that the dotted lines are important. "He acknowledged it applies important context. He proceeded to erase all that context," Apple attorney Joe Mueller said to jurors in his closing argument. "He took all that context out and told you not to pay attention."But Samsung attorney Bill Quinn countered during his closing argument by showing an Apple design patent, No. D789,926, one that's not part of the trial and that Apple earlier tried unsuccessfully to keep jurors from seeing. The patent describes the design of the small cover that on original iPhones was for the SIM card tray. Almost all the patent illustrations, including a small drawer that appears on one end of the iPhone, are drawn in dotted lines.
"If somebody uses that little sliver on any kind of electrical device, they [Apple] get all the profits," Quinn said, Samsung has a point, Sarah Burstein, a University of Oklahoma law professor who studies the article of manufacture issue, said in an interview, "Only the claimed excuse me for being so intellectual iphone case part has to 'match' for there to be infringement, so the universe of potentially infringing products is much larger," said Burstein, who's not involved in the case, "If Apple ultimately prevails here, we may see more applicants build similar portfolios of piecemeal design fragment claims that would allow them to mix and match to form the kind of Frankenclaim Apple keeps trying to assert here."After jury selection on Monday and opening arguments Tuesday, Apple and then Samsung called witnesses, Apple executives such as Richard Howarth, a senior director of the company's design team, and Greg Joswiak, Apple's vice president of product marketing, spent time talking about Apple's design-first philosophy and griping about how distressed they were to see Samsung phones they felt "ripped off" the iPhone..
Susan Kare, creator of the icons on the original Macintosh, testifies for Apple at a trial to determine Samsung patent infringement damages. But Apple's outside design experts shouldered much of the burden by arguing that phones are "unitary or monolithic" devices, in the words of industrial designer Alan Ball. Perhaps the biggest celebrity of the trial was Susan Kare, a graphic designer who created the original Macintosh icons in the early 1980s and who testified that Apple's US Patent No. D604,305 (D'305), which describes a grid of colorful icons, applies to an entire phone.
Gazing on images of the first iPhone, from 2007, Kare said, "It glows and jumps out at you because it's so colorful, It draws you in with the all the ideas of what it might be able to do." That's not directly relevant, but Apple's side spent a lot of time extolling a phone design that really did change the world, Samsung's witnesses aimed to show that the infringing articles of manufacture are front glass faces, screens with bezels, and displays, They took pains to spotlight some of the thousands of components that make up a smartphone and to show how Samsung opened an entire factory to repair them, One of the four factors for determining an article of manufacture is whether excuse me for being so intellectual iphone case it can be separated from the rest of the product..
Phones have many elements that don't come close to the patented designs, Samsung argues: batteries, video cameras, 4G network radios, text-messaging software, and more. Ultimately, that array of technology that's separate from black phone faces and icon grids should be compelling, said Tom Engellenner, an intellectual-property attorney at law firm Pepper Hamilton who's unaffiliated with the trial. "I was impressed by Samsung's testimony .. that its Galaxy smartphone has as many as 10 different antennas -- for various telecom carriers, radio, Bluetooth, GPS, etc.," Engellenner said. "I'll be surprised if Apple is able to convince the jury the second time around that it was entitled to all of Samsung's profits on its whole phone as damages for infringement of its design patents that only focused on the shape, display and beveled edges of the iPhone."The evidence and arguments ended late Friday, so the case now is in the hands of eight jurors.
They're equipped with a 45-page set excuse me for being so intellectual iphone case of instructions, a cart loaded with binders packed with thousands of pages of evidence, a laptop for peering at spreadsheets, and a jumble of archaic Android phones they can try out, (No playing games, though, the jury instructions say.), The jurors must weigh the arguments and then do some math, The form they'll return when done is simple: a list of the infringing phone models down one side of the page and the amount Samsung owes for each down the other side..
The form jurors will have to fill out to declare damages Samsung owes Apple for infringing three design patents. A separate form governs payments for infringement of two utility patents. Most of the damages will be from the three design patents. For the two utility patents, Samsung didn't challenge Apple's expert calculation of a damages payment of $5.3 million -- enough to buy a nice house in Palo Alto, California, but a mere pittance compared to the billion-dollar fine possible with the design patent.
Lawyers say they'll be ready at five minutes' notice to hear the jury's verdict, They don't have a deadline, but Koh said she'd be surprised if excuse me for being so intellectual iphone case deliberations lasted more than a few days, The case likely will be appealed, though, and ultimately it'll probably end up in the hands of the US circuit court, which will have to tackle the thorny issue of the four-factor test for the article of manufacture, Burstein said, "So, really, we'll all have to keep holding our breath," she said, Tech companies already have learned a big lesson about patents, though..
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