The second Apple vs. Samsung patent trial kicked off recently with both parties offering opening statements to the jury, two of whom were excused just one day after being selected. According to in-court reports from Re/code, Apple is seeking $2 billion in damages from Samsung over alleged misuse of five patents, double what the Cupertino California company won from the first Apple vs. Samsung jury trial in 2012. Apple attorney Harold McElhinny:
The evidence in this case will be that Samsung copied the iPhone and it also took many other Apple inventions that had not yet appeared in Apple products. Samsung did not stop with competitive intelligence," he said. "Copying the iPhone was literally built into the Samsung development process.
According to McElhinny, Samsung sold 37 million infringing products in the US for which Apple is seeking an average of $33 in damages per phone. The company also appears to be asking for reasonable royalties on phones and tablets. In his opening statement, Samsung counsel John Quinn said Apple’s patent claims aren’t as broad as the company makes them out to be. Quinn said the following regarding the matter:
I'll prove to you that is a gross, gross exaggeration, and an insult to your intelligence.
It's an attack on Android. It is trying to gain with you in this courtroom what it has lost in the marketplace.
Last but not least, the original ten-member jury has been whittled down to four men and four women with two of the jurors being excused. One claimed to be sick while another serving said the trial would be financially damaging.
We’ll have to wait and see how the second trial unfolds.