Apple, Samsung fire final salvos as case closes

Rebuttals
Apple attorney Bill Lee attacked Samsung’s case alleging Apple infringed five Samsung patents including two that are essential to the 3G standard set by ETSI.

Specifically, Apple alleges Samsung broke ETSI rules in failing to declare it had patents on aspects of the 3G standards. That formed the basis for Apple’s charge in the case that Samsung violated U.S. antitrust rules using its market power to unfairly claim standards-essential patents it refused to license to Apple on fair and reasonable terms.

“They have engineers who have never designed a product, whose sole job was to work with patent lawyers at standards meetings to try to get patents on standards--they were even rewarded for getting patents on standards,” Lee said.

Apple is asking for about $350,000 for the alleged antitrust violations, just enough to pay for its expert witness on the issue. “You can’t come in to this country and walk over our antitrust laws,” he said, trying to invoke a spirit of U.S. and Silicon Valley patriotism.

Lee told jurors they need to “up-end Samsung’s cynical game plan. If you render judgment for Apple you will have reaffirmed the American patent system, people here will create jobs because you will have protected the patent system,” Lee told jurors.

“This is a company that spends billion dollars a year on advertising--there are Samsung ads on Giant’s games,” said Lee. “They will not change their way of operating if you slap them on the wrist,” he said.

In a rebuttal, Verhoeven said Apple presented a distorted view of how ETSI works. In addition, he said Samsung made an offer to license its patents to Apple but Apple declined to negotiate.

The nine-person jury began its deliberations Wednesday morning.