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Second Apple-Samsung Patent Trial Begins with Focus on Apple's 'Holy War', Advertising Envy, and Phil Schiller

Samsung and Apple's second patent trial started earlier this week with jury selection and opening arguments by both Apple and Samsung. Phil Schiller also took the stand as Apple's first witness in the trial, which started in earnest on Tuesday.

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Among the volume of internal documents provided in the case, The Wall Street Journal highlights emails from Apple founder Steve Jobs that reveal his commitment to beating Android, calling the competition a "Holy War" with Google.

Jobs outlined this "battle" in an October 2010 email to 100 employees prior to the company's annual retreat. Jobs said in the email that "Apple is in danger of hanging on to old paradigm for too long (innovator's dilemma)" and notes that "Google and Microsoft are further along on the technology, but haven't quite figured it out yet." This characterization is favorable to Samsung as the company attempts to involve Google and Android in the patent infringement case.

As part of its opening statement in the case, Samsung outlined its plans to share internal Apple documents that suggest Apple was taken aback by Samsung's edgy marketing campaign that characterized the company's Galaxy devices as "the next big thing." (via The Verge)
"We will show you internal Apple documents, documents that haven't been made public before, and showed how Apple was really concerned about competition from Android, and in particular Samsung," John Quinn of law firm Quinn Emanuel Urquhart & Sullivan, which is representing Samsung in the trial, told an eight-person jury. "This new, edgy marketing strategy ... it drove Apple crazy."
Following opening arguments by Apple and Samsung, Apple executive Phil Schiller testified in court on behalf on Apple, discussing, as he did in the first trial, the risks the company took as it successfully released both the iPhone and iPad before its competitors, reports Computerworld.
"We wondered what could come after the iPod," Schiller said. "We wanted to try and invent that future rather than let it happen to us."
Schiller also reminded jurors that Apple wasn't always the leader in the mobile market and had a long learning curve to get where it is now.
"Apple really only had two products at the time: the Mac and iPod," he said, reminding jurors of a time before Apple was the phone and tablet powerhouse it is today. "We hadn't made a phone. We didn't know about radios and antennas and all the things that make up a phone."
Schiller remained on the stand for over two hours before his testimony ended for the day. Schiller is expected to return on Friday, with Samsung continuing to question the Apple executive when the trial resumes.

Top Rated Comments

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25 weeks ago
Interested read on the WSJ - I suggest people click in.

Of note

"In the same email, Jobs identified issues for the executives overseeing Apple’s iOS mobile software. He said the company “needed to catch up to Android where we are behind.” He cited “notifications, tethering and speech” as three areas, while writing that Apple could leapfrog Android with features like Siri, Apple’s speech-recognizing digital assistant."

and "Apple is in danger of hanging on to old paradigm for too long (innovator’s dilemma)” and “Google and Microsoft are further along on the technology” to connect and synchronize contacts, calendars, photos, music, videos and bookmarks across all devices using online services."

What's interesting is this is right from Jobs' himself. Which goes against what some people seem to believe here...
Rating: 19 Votes
25 weeks ago

I just wish these would end, the only winners appear to be the lawyers


Yep. Unfortunately we have Steve Jobs to thank for this, along with the poaching and ebooks crap. These are the headaches he left Apple with.
Rating: 11 Votes
25 weeks ago

How did shameSung get access to Apple internal documents and vice versa? There are people working in the shadow?:confused:


Subpoena. A standard practice like any other trial.
Rating: 11 Votes
25 weeks ago
Tie products together to keep customers in our ecosystem? If a company can't keep customers in through innovation and value proposition, let's tie them into our products. Bad business and not the Apple I know.

I think if we could migrate iTunes and other purchases easily to another device Apple base wound drop considerably - then again I think other OS do this too.
Rating: 10 Votes
25 weeks ago

Tie products together to keep customers in our ecosystem? If a company can't keep customers in through innovation and value proposition, let's tie them into our products. Bad business and not the Apple I know.

I think if we could migrate iTunes and other purchases easily to another device Apple base wound drop considerably - then again I think other OS do this too.


What company doesn't try to lock people into its ecosystem? You don't think Google and Microsoft do the same, and Samsung would if it could?
Rating: 10 Votes
25 weeks ago
These leaked emails are great, it's a surprise to many how worried Apple is about its lack of innovation lately.
Rating: 10 Votes
25 weeks ago
I just wish these would end, the only winners appear to be the lawyers
Rating: 9 Votes
25 weeks ago

"Tie all of our products together, so we further lock customers into our ecosystem" :eek::eek:

Is no one disturbed by that?? :confused:


Not really, thats the strategy of all of these big companies like Apple, Microsoft and Google.
Rating: 9 Votes
25 weeks ago
"Tie all of our products together, so we further lock customers into our ecosystem" :eek::eek:

Is no one disturbed by that?? :confused:
Rating: 8 Votes
25 weeks ago

Apple's crusade is to make the best products and not ever be stuck in the same frame of mind and allow others to make advances with more advanced thought processes and over take you. And a crusade is also a holy war, so that comparison is a far one.

Year after year you have to fire up the employees to make the best products. And I think this is a good way to do so.

This is not Apple scared of a possible lack of innovation within itself. I believe this is Apple realising that the competition has stumbled onto some great tech advances but don't have the processes and strategies to capitalise on them. Apple realise it's only a matter of time before Google/MS/etc etc do capitalise on their tech. And when they do, Apple need to be one step ahead.

This is essence is a push to keep complacency away and not a lack of innovation at Apple.


Your quote is a perfect example why some are disturbed by Apple wanting to lock customers into their ecosystem. RDF. Apple may not employ it as much these days, but certain fans of Apple employ it all the time. Your quote shows how it's employed, albeit in a subtle way.

You read the same thing we all did. Yet you re-mixed it to suit your narrative of Apple the Great. None of what you said can be gleaned from what you read. It sounds good. It feels inspirational. It's still RDF. When Jobs lays it out in black and white, it pretty cut and dried. Apple is a business. The operate that business very, very well. They operate that business successfully. From that perspective, they are to be admired; just like a lot of other companies (Google, Microsoft, Samsung, etc). That's where it ends for me.

I fear this trial will reveal some things diehard fans don't want to know. It will reveal Apple is more like their competitors. They are all businesses and not towers of Good and Evil.
Rating: 8 Votes

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