A man looks at his Apple iPad in front outside an Apple store in downtown Shanghai. The third-generation iPad has faster chips, fourth-generation wireless, a sharper display and a better camera. Reuters/Aly Song
An attorney for Apple told a jury Tuesday that bitter rival Samsung faced two options to compete in the booming cellphone market after Steve Jobs introduced the iPhone to critical acclaim in 2007: Innovate or copy.
Samsung chose to copy, making its smartphones and computer tablets illegal knockoffs of Apple's popular products, attorney Harold McElhinny claimed.
Samsung ``has copied the entire design and user experience'' of Apple's iPhone and iPad, McElhinny told a jury during his opening statement at the patent trial involving the world's two largest makers of cellphones.
In his opening statement, Samsung attorney Charles Verhoeven countered that the South Korean company employs thousands of designers and spends billions of dollars on research and development to create new products.
``Samsung is not some copyist, some Johnny-come-lately doing knockoffs,'' he said.
Verhoeven asserted that Apple is like many other companies that use similar technology and designs to satisfy consumer demands for phones and other devices that play music and movies and take photographs.
For example, he said several other companies and inventors have filed patent applications for the rounded, rectangular shape associated with Apple products.
``Everyone is out there with that basic form factor,'' Verhoeven said. ``There is nothing wrong with looking at what your competitors do and being inspired by them.''
A verdict in Apple's favor could lead to banishment of Samsung's Galaxy products from the US market, said Mark A. Lemley, a professor and director of the Stanford Program in Law, Science, and Technology.
A verdict in Samsung's favor, especially if it prevails on its demands that Apple pay its asking price for certain transmission technology, could lead to higher-priced Apple products.
The witness lists of both sides are long on experts, engineers and designers and short on familiar names. Apple CEO Tim Cook is not scheduled to testify.
On Tuesday afternoon, Apple designer Christopher Stringer wrapped up the first day of testimony discussing his role in helping create the company's iPhone and iPod during his 17 years at the company.
Dressed in a tan suit, the bearded and long haired designer said because of Apple's desire to create original products, he and his co-workers surmounted numerous engineering problems such as working with the products' glass faces in producing both products over a number of years. Stringer said he was upset when he saw Samsung's Galaxy products enter the market.
``We've been ripped off, it's plain to see,'' Stringer said. ``It's offensive.''
The trial resumes Friday with the testimony of Apple senior vice president for marketing Philip Schiller.
Cupertino, California-based Apple Inc. filed its lawsuit against Samsung Electronics Co. last year and is demanding $2.5 billion in damages, an award that would dwarf the largest patent-related verdict to date.