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.

google-apple-jobs-holy-war
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

samcraig Avatar
132 months 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...
Score: 19 Votes (Like | Disagree)
ghostface147 Avatar
132 months 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.
Score: 11 Votes (Like | Disagree)
Rogifan Avatar
132 months 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.
Score: 11 Votes (Like | Disagree)
winston1236 Avatar
132 months ago
These leaked emails are great, it's a surprise to many how worried Apple is about its lack of innovation lately.
Score: 10 Votes (Like | Disagree)
Rogifan Avatar
132 months 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?
Score: 10 Votes (Like | Disagree)
fasterthanfiber Avatar
132 months 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.
Score: 10 Votes (Like | Disagree)

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