(Adds additional quotes from lawyers)
By Dan Levine
SAN JOSE, Calif., April 29 Apple has vastly
exaggerated the importance of its patented iPhone features, a
Samsung attorney said on Tuesday as the two companies delivered
closing arguments to jurors after a month-long trial over mobile
Apple, however, argued that the South Korean company could
not have competed in the smartphone market without unfairly
copying its flagship product. The two tech leaders also sparred
over how Google's work on the software used in Samsung phones
affects Apple's patent claims.
Apple Inc and Samsung Electronics Co Ltd
have been litigating around the world for three
years. Jurors awarded the iPhone maker about $930 million after
a 2012 trial in San Jose, California, but Apple failed to
persuade U.S. District Judge Lucy Koh to issue a permanent
injunction against the sale of Samsung phones.
The current case involves five Apple patents that were not
in the 2012 trial and which cover iPhone features like slide to
unlock and search technology. Apple is again seeking to ban
sales of several Samsung phones, including the Galaxy S III, as
well as roughly $2 billion in damages.
Samsung also claims Apple violated two patents on streaming
video. It is seeking to ban the iPhone 5, and asserted a $6
million damages claim.
In court on Tuesday, Samsung attorney William Price said
some of Apple's patented technology in the case was never even
incorporated into the iPhone. That undermines Cupertino,
California-based Apple's claim for billions in damages.
Another Samsung attorney, John Quinn, suggested that Apple
devised its $2 billion request to artificially inflate the value
of the technology in the case and confuse the jury.
"They'll be dancing in the streets in Cupertino if you give
them 100 million," Quinn said.
But Apple attorney Harold McElhinny said Samsung's copying
of Apple technology has greatly harmed the iPhone maker and
turned the smartphone market into a two horse race.
"Unlike in fairly tales, we know that Samsung's illegal
strategy has been wildly successful," McElhinny said.
Additionally, Apple attorney William Lee said Samsung's low
damages request on its own patents was meant to cheapen
intellectual property in general. Samsung paid its expert
witnesses about $5 million in fees in order to seek $6 million
in damages, Lee said.
"Does that make sense?" Lee said. "Only in one circumstance:
if you're trying to devalue patents, all patents."
Samsung's phones run on the Android mobile operating system
developed by Google Inc. Google is not a defendant in
the case, but during the trial Samsung pointed out that some of
the features Apple claims to own were actually invented by
Google. Samsung called a handful of Google executives to testify
on its behalf.
McElhinny said the fact that Google developed Android is
irrelevant to Apple's ability to collect damages from Samsung.
Google agreed to reimburse Samsung for some of those costs, he
"At the end of the day Google will not be an issue for you,"
However, Samsung's Quinn said Apple sued Samsung because the
iPhone maker did not want to fight Google, another iconic
Silicon Valley company, "in our backyard."
The jury began deliberating on Tuesday and a verdict could
be reached at any time. If either company proves patent
infringement, they could then ask Koh to order a sales ban.
The case in U.S. District Court, Northern District of
California is Apple Inc vs Samsung Electronics Co Ltd, 12-630.
(Reporting by Dan Levine; Editing by Richard Chang)