Samsung had two stark choices when the iPhone was released – copy or innovate.

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It chose the former.

That’s according to Apple lawyers, who accused the Korean rival of copying its prized designs at the opening of the latest round of Apple V Samsung in a US court, this week.

Apple lawyer Harold McElhinny told the court that rival Samung “has copied the entire design and user experience” of the iPhone and iPad for its Galaxy line of mobile devices, released after the introduction of the cult Apple devices, reports AP.

Apple are claming Samsung cloned its unique scrolling and touch screen technology and its counsel also pulled some Samsung phones from 2006 and compared them with its latest Galaxy models, in a bid to show the court the (alleged) change towards Apple type designs.

Cupertino are claming damages of $2.5bn against Samsung, which, if realised, would be the largest patent settlement to date, ever.

Galaxy S II maker Samsung are denying the patent violations, insisting its response to the 2007 iPhone and 2010 iPad, which came in the form of its Galaxy S, S II and Galaxy Tab 10.1, was simply competition at play rather than something more sinister, Reuters reports.

“Samsung is not some copyist, some Johnny-come-lately doing knockoffs,” declared Samsung counsel Charles Verhoeven.

“It’s called competition.That’s what we do in America.”

Verhoeven also insists the minimalist designs advocated by Apple were in play by others long before the iPhone was released.


Apple also presented evidence in court as part of its case to ban the Samsung Galaxy Nexus from sale in the US, which showed it had a 45% lead in the US smartphone market in Q1.

However patents guru Florian Mueller notes Apple used just one analyst’s numbers, namely IDC, while several other (analysts) showed, in fact, Samsung to be ahead in the smartphone league.

“The Apple v. Android dispute in general and the Apple v. Samsung spat in particular aren’t an emotional thing, nor is this about an attempt to become a monopolist. The numbers show that Apple has no other choice but to defend its intellectual property,” says Mueller.

The Apple v Samsung patents battle is also ongoing in Australia, UK and several European courts.

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