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Apple v. Samsung: What's the worst that could happen?

commentary With the trial between Apple and Samsung inching toward a resolution, it's a good time to break out the crystal ball and look at the potential ramifications of the case.

Every indication suggests that the verdict won't be a clean one. There will likely be damages on both sides, and it's still unclear whether there will be clear victor. In addition, the option to appeal could drag this case on for several more years. A separate appeals case between the two regarding software elements of Android and a potential ban on the Galaxy Nexus is set to start in 2014. … Read more

Clock ticks down on a verdict in Apple v. Samsung

SAN JOSE, Calif. -- After sitting through more than three weeks of complicated and quite often technical testimony, the nine individuals in the celebrated patent infringement dispute pitting Apple against Samsung, now have to pick a victor.

Jurors began deliberating on Wednesday, but barring a surprise, may take some time to reach a decision.

Legal experts caution that unless you're actually in the room watching the process unfold, this is the messiest part of any trial -- almost comparable to trying to get a group of friends to decide on pizza toppings -- and thus and hardest to handicap. … Read more

Samsung closes by claiming Apple is stifling competition

SAN JOSE, Calif. -- While Apple has painted Samsung as a copycat, Samsung fired back today, saying that if Apple wins its case, consumers would lose.

"Your decision, if you go Apple's way, could change the way competition works in this country," Samsung attorney Charles Verhoeven told jurors after pointing to the large collection of press in the back of the courtroom who were there to see closing arguments from both sides in the Apple v. Samsung patent trial.

"Rather than competing in the marketplace, Apple is seeking a competitive edge in the courtroom," he … Read more

Apple's closing shot hits at Samsung 'copycat' docs

SAN JOSE, Calif. -- Apple highlighted its broad collection of Samsung internal documents, and not the millions of dollars spent on witnesses, as reasons the jury should take its side in the patent case it filed against Samsung.

Apple attorney Harold McElhinny delivered the company's closing arguments in the form of a greatest hits from the evidence and testimony delivered during the company's trial with Samsung. However, he put the focus on the paperwork Apple obtained ahead of the trial.

"Witnesses can be mistaken. They can be mistaken in good faith," McElhinny said. "Exhibits that … Read more

Jury won't hear about Apple and Samsung's lost e-mails

SAN JOSE, Calif. -- Facing disclosure to a jury that both Apple and Samsung failed to uphold document retention laws, the two companies struck a deal to keep the matter private.

The offer came during a public hearing before U.S. District Court Judge Lucy Koh earlier today as both sides hashed out last-minute jury instructions and the particulars of a verdict form.

After Koh told Apple that she would be siding with Samsung over a retaliatory filing that would require her to tell jurors that both companies failed to retain e-mails (and other documents that might be critical to … Read more

Judge worried about a 'confused jury' in Apple-Samsung trial

SAN JOSE, Calif. -- Apple and Samsung brought out high-paid experts to figure out what each company owed the other in damages, but how will a jury of average Americans do when they get to make that decision?

That's on the mind of U.S. District Court Judge Lucy Koh, who expressed concern about the outcome while both companies hash out some last-minute arguments today.

"I am worried we might have a seriously confused jury here," Koh told legal counsel from both companies. "I have trouble understanding this, and I have spent a little more time … Read more

Apple-Samsung jury: Verdict form may blow your minds

SAN JOSE, Calif. -- There is little doubt that the trial between Apple and Samsung taking place here is complex, and perhaps nowhere is that clearer than in the form that jurors will have to fill out on their way to reaching a verdict later this week.

The document, which both sides have yet to agree on, is still in its draft stage. In Samsung's case, it's 33 questions long, and stretched across 17 pages. For Apple, it's 23 questions spread over nine pages.

Jurors, who will soon hear closing arguments from both sides, as well as … Read more

Apple-Samsung trial: The end is nigh

SAN JOSE, Calif. -- With both sides now out of time, the end to the trial between two of the biggest companies in tech draws ever nearer to a close.

Apple and Samsung today both ran through the last few hours -- or in Samsung's case, just minutes -- of their allotted 25 hours for rebuttals and clarifications.

Still ahead are closing arguments in which the two companies get their last chance to convince a jury of nine that the other company is infringing on its technology. A decision in either direction could result in millions -- even billions … Read more

Judge blasts Samsung's court strategy

SAN JOSE, Calif.-- Hours after chiding Apple for stacking up too many witnesses, the judge in the case between Apple and Samsung turned her attention to what she considered a strategical blunder on Samsung's part.

The company, she said, had burned up its time on cross-examining Apple's witnesses, versus presenting its case.

After each in a train of Apple witnesses were through with their testimony, Samsung passed on trying to cross-examine them, citing a lack of time. As a result, Apple has been able to run witness after witness with little resistance.

When the court was about … Read more

Judge says Apple's 'smoking crack' with giant witness list

SAN JOSE, Calif. -- Tempers boiled over in court this morning, with the judge in the case between Apple and Samsung flat out yelling at Apple for trying to book too many witnesses in its last few hours.

"I am not going to be running around trying to get 75 pages of briefings for people who are not going to be testifying," U.S. District Judge Lucy Koh told Apple's lawyer Bill Lee.

"I mean come on. 75 pages! 75 pages! You want me to do an order on 75 pages, (and) unless you're smoking … Read more