--Arguments expected to conclude by end of Friday
--Case between Apple and Samsung nears its end
--Witnesses underscoring Apple's position
(Updates with additional witness information.)
By Ian Sherr
SAN JOSE, Calif.--Apple Inc.'s (AAPL) patent case against
Samsung Electronics Co. (SSNHY, 005930.SE) moved closer to its
final stages Friday, as the two tech titans presented their last
witnesses in the high-stakes patent trial.
Apple and Samsung spent Friday bringing up a mix of people to
discuss technical details of the patents Samsung claims are being
violated and to rebut witness testimony.
Though Apple started the legal battle with its initial lawsuit,
Samsung fired back by accusing Apple of infringing on its patents,
such as those for handling photographs in an email and one
regarding wireless transmissions.
Apple called to the stand Hyong Kim and Edward Knightly, both
engineering and technology professors, who discussed Samsung's
patents, describing how the patents could even be invalid in some
cases and how Apple's own devices don't infringe on them in
others.
One flashpoint in the case has erupted outside the courtroom, in
an ongoing debate within the technology industry about patents that
are part of agreed-upon standards, such as 3G wireless technology.
Standards bodies allow companies to claim their patents are
essential for creating products that use a standard, but in doing
so, the companies also agree to license those patents in a fair,
reasonable and nondiscriminatory way.
Apple alleged that Samsung has failed to follow that agreement,
leading to inquiries by regulators in Europe and comments from
those in the U.S. as well.
As part of its argument in court, Apple brought to the stand
Michael Walker, a former chairman of a European
telecommunications-standards body, to discuss Samsung's alleged
failure to disclose its patents to standards bodies in a reasonable
amount of time. One assertion frequently made by Apple has been
that by not claiming its patents in a reasonable time, Samsung had
forfeited its place as part of that standard. Samsung lawyers said
that wasn't the case.
Apple also called to the stand Richard Donaldson, a former
patent counsel at Texas Instruments Inc. (TXN), to argue that
Samsung's licensing demands of 2.4% of the net sales of a device
were unreasonable. He noted that would work out to roughly $14 per
device, more than the $10 Apple pays for the wireless chips
affected by the patent. Mr. Donaldson also said he wasn't aware of
any other licensees paying Samsung for its wireless-patent
portfolio.
Not all of Apple's witness testimony was such intricate
discussion of patents and patent agreements. Apple also called to
the stand for the second time Susan Kare, an independent graphics
specialist who created images used in Apple's original Macintosh
computer.
Ms. Kare was asked about arguments made by Jeeyuen Wang, a
Samsung designer who worked on some of the products that are
alleged to have infringed on Apple's designs. Ms. Wang had said
that although the application icons on Samsung's devices bore some
resemblance to the ones Apple uses, they weren't copies.
Instead, Ms. Wang said she used images that were fairly obvious
objects. For example, she said, Samsung used the image of a phone
receiver for its phone application because other icons, such as the
image of a cell phone with an antenna or a smartphone, had confused
its customers. Ms. Wang also said icons generally needed a square
around them to make tapping them easier.
Ms. Kare disagreed, arguing that there are many images that can
be used to convey an application's abilities. She also said many
phones have successfully displayed icons without squares around
them.
Ms. Kare wasn't the only former witness brought back to the
stand. Peter Bressler, a designer, and Karan Singh, a computer
scientist, also returned to the stand to discuss the different
patents involved in the case. Samsung had argued that Apple's
design and technology patents were invalid, but both witnesses
argued otherwise.
Samsung also recalled some of its witnesses, including Tim
Williams, a wireless technology expert and Woodward Yang, a
professor, to defend its wireless patents. Both argued that Apple's
expert witnesses had oversimplified their arguments, or offered
evidence that didn't refute Samsung's claims.
As the arguments wind down, Apple and Samsung will be handing
the case over to jurors who at times have had trouble staying awake
during more technical discussions, and who might not understand the
intricacies of the issues. Closing arguments are expected to be
presented next week.
Lucy Koh, the presiding judge in the case, has expressed
frustration with both Apple and Samsung as the two companies have
filed hundreds of documents as part of the case. On Thursday, Ms.
Koh asked both sides to have their respective chief executives meet
once more to discuss possible settlements in order to avoid jury
deliberations.
Apple and Samsung have locked horns in countries around the
globe, seeking injunctions to either slow one another's sales or
take some share of the profits.
Write to Ian Sherr at ian.sherr@dowjones.com
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