A high-stake technology trial involving Apple and Samsung is set to kick off today in a U.S. District court in San Jose, northern California over design and patent infringement claims involving Samsung’s Galaxy lineup of smartphones and tablets and Apple’s iPhone and iPad.

In the run-up to the mega-trial a bunch of court filings was made public, revealing Samsung’s overly aggressive court strategy but also offering a unique glimpse into Apple’s prototyping and industrial design processes. When all is said and done, this is what the jurors will see…

Samsung apparently wants 2.4 percent of Apple’s sales for use of its mobile communications technology. Apple on its part reportedly offers the half a cent per-device royalty fee and demands as much as $2.5 billion in damages from Samsung.

It boils down to who copied whom and turns out both parties have a chart for that.

Here’s Apple’s.

Source: Apple’s brief. Click to enlarge.

And this is what Samsung will show to the jurors.

Source: Samsung’s brief. Click to enlarge.

By showing ten internal touchscreen phone prototypes that predate the iPhone, Samsung will try to establish that it did not copy Apple’s popular device.

Samsung claims one of the prototypes, code-named the F700, had been in development before the iPhone’s debut in June 2007. Interestingly enough, Samsung says the F700 was the subject of a Korean design registration application in December of 2006, a month before the iPhone’s public unveiling.

We’ll see how Apple wiggles out of this one.

Fortune’s Philip Elmer-DeWitt, who called this “the end of the beginning of Apple’s proxy war against Google”, points to the very first sentence in Apple’s and Samsung’s pretrial briefs.

Apple writes that “Samsung is on trial because it made a deliberate decision to copy Apple’s iPhone and iPad”.

Unsurprisingly, Samsung’s pretrial brief reads that “in this lawsuit, Apple seeks to stifle legitimate competition and limit consumer choice to maintain its historically exorbitant profits”.

Apple filed its suit against Samsung in April of 2011 and the South Korean conglomerate counter-sued shortly thereafter. Apple’s pre-court filing reveals the company will warn the jury that Google and several renowned designers warned Samsung against copying the iPhone’s look and feel.

Samsung will try to establish enough of a prior art to invalidate Apple’s patents, including assertions that the iPhone maker ripped off Sony’s design style for the iPhone.

However, Shin Nishibori, the designer Apple hired from Sony to create a Sony-inspired iPhone prototype, no longer works for Apple and Nishibori’s lawyer wrote in a letter to the court yesterday that his client has no plans to testify in the upcoming trial.

Ina Fried of AllThingsD has a handy cheat sheet for those that love legal matters.

What do you guys think, will Apple and Samsung settle or wage a thermonuclear war until extinction?

  • Samsung needs to get a grip!

  • Gerard Hampton

    I would like to see all the jail break tweak and program developers get together and sue apple for stealing all their ideas and putting them into IOS.

    • I’m pretty sure some people are happy for their tweaks and designs to go into the ‘full’ version of iOS.

      I enjoy it when they do, as it means for once they are actually listening to the community and implementing features without having to jailbreak.

      Although I do share the opinion that we never see any ‘thank you’s’ or anything to the original developer, but they tweak it just enough to avoid direct legal challenges.

      Who knows, maybe some people do get a payoff or some complement in the documentation somewhere?

      • Not without getting paid for their own idea, so all jailbreak developers should seek compensation yeah!!!!!

      • Gerard Hampton

        So if apple can use JB ideas and tweak them a little to avoid law suits, samsung cant copy apples design and tweak it a little to avoid the same law suits? hmm double standard there. Since when has a rectangle touch screen been apples idea anyway?

        The bigger picture to all these cases are that apple is trying to patent simple ideas that should be in any generic phone/tablet design for the modern age. They just pump out patents with any idea they can think of whether theyll use it or not just to stop competition later.

        Apple just needs to compete rather than sue. their methods dont work anymore with other manufacturers pumping out newer technology all year round and iphones only coming out every 1- 2 years (or so).

        This is why i switched to Android after using iphones for the last 3 years.

      • agree dude

  • So Samsung are going to show a Sony prototype … And then say that apple ripped it off.. But Apple hired the Sony designer .. WTF do you expect this designer want to see his creation made and in the hands of everyone … As for the picture showing all the Samsung phones . Apple only make one phone so why are they showing flip phones it’s not about them it’s about you smart phones looking like the iPhone .. And if other company’s were telling Samsung not to copy the iPhone what do they think of Samsung smart phones are they copying the iPhone . Best to ask them ..

    • TRIQ6


      They are displaying ALL of their prototypes- flip, and touchscreen bar phones, to prove they DID NOT copy of Apple just based off the sheer fact they had bar touchscreen phones in the works way before the iPhone was shown to the world.

      • And please answer this for me..
        Apple’s pre-court filing reveals the company will warn the jury that Google and several renowned designers warned Samsung against copying the iPhone’s look and feel.

        I want to know what these other designer think about it .. You seem to have the answers .. Please tell…

      • TRIQ6

        lol do you initially type like an idiot just to lure people in?

        the warnings are NOT an admission of guilt; they are merely warnings and that is all.

      • How ever I type you read it … Didn’t you !
        As for the last bit you put .. I know that .. I asked for what do these other designers think about this .. In other words do they think that Samsung copied the iPhone .. That’s what I want to know ..

      • TRIQ6

        It doesn’t matter what the designers think.

      • I know that as well .. But if you read the last part if the post.. google and others warned Samsung about copying the iPhone.. Do google and these others think that Samsung copied the iPhone .. Can this be answered that’s what I’am asking…

      • TRIQ6

        It doesn’t matter what Google or the designers think… that’s what I am saying.

      • If Apple was th get google or any of the others in the court room and under oth would they say .. Yes it is a copy if a iPhone … So yes it would matter..

      • goofygreek

        lmao at this conversation.

      • I know what you mean …lol..

    • hey just look samsung omnia first and then made thr comment….fool

  • TRIQ6

    If Samsung can prove they had prototypes in the works before the launch of the iPhone, I don’t see how Apple can win this one. If a before and after chart is all they are basing their case off of, well… chalk one up for Samsung.

    An iPhone has been my choice in smartphones for the past 2 years but a loss for Apple would be the first step in making sure these stupid, unwarranted court battles stop in the future.

    • just look samsung omnia, and you will know apple stealing their model for iphone

  • hey you should see samsung omnia, and you know iphone took the design from there!!

  • If I were running Apple, I’d go directly after Google. Forget about its design for a second and look at the operating system other smartphones were using before the iPhone. It was nothing but Windows inspired menus, not standalone apps. When the iPhone first came out it was unique and revolutionary not only on its minimalist outer design but its OS. Sure it lacked certain things like a wallpaper or a video camera among other things but it didn’t take a genius at Google to figure that out. The iPhone’s potential to be more than what Apple was giving us, inspired a community of hackers and developers to join to make these ideas possible. All these patents Google has acquired over time are a direct result of one idea, the iOS. Google didn’t reinvent the iOS, they merely took it and repackaged it with the tweaks and options the people were craving. Take away Android from Samsung, HTC, Motorola etc and you’ll have a bunch of phone manufactures with no commercial OS to run them.

  • All you apple haters please leave the blog, Gerard Hampton, apple almost never steals copyrighted jailbreak tweaks like intelliscreenx they only
    take those tweaks which allows volume button photo taking and other simple tweaks. And gerard, if u are talking about piracy, u should know that android suffers far more hacks and pirate games than apple. Yes, I admit apple sues alot which is annoying but if you were them and created a ground breaking software and suddenly a company who almost isn’t known for making good phone emerge next to u with a similar design as u, u will also get pissed, and if u say innovation should be used by apple, can you think of a better design? I believe iOS is most user friendly and organized. I don’t put faults at android, but Samsung cos they have a sudden boost in the mobile industry after iPhone was launched unlike Nokia and HTC, HTC is humble by which They create good touch screen phones with great camera and yet don’t put alot of commercials, “quietly brilliant”.

  • cHad PreSlar