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CNET › Mobile › Samsung kicks off infringement case against Apple with FaceTime claim

by Shara Tibken @sharatibken / April 21, 2014 2:50 PM PDT

/ Updated: April 21, 2014 4:35 PM PDT

Samsung kicks offinfringement case againstApple with FaceTimeclaimAfter defending itself against claims that it violated Apple's

patents for the iPhone, the Korean electronics maker accused

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Apple and Samsung are battling in court over patents.CNET

SAN JOSE, Calif. -- Samsung on Monday kicked off its patent infringement suit

against Apple, presenting evidence and testimony to argue the iPhone maker

copied two of its patents.

The Korean electronics maker rested its defense against Apple shortly before 2

p.m. PT Monday before starting arguments for its own claims.

Samsung's first witness in its offense, Michael Freeman, testified about the creation

of the '239 patent for video transmission. Freeman said he and his family invented

the technology in the early 1990s and received a patent in 1994. They sold the

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patent and another to Samsung in October 2011 for $2.3 million.

Dan Schonfeld, a professor of computer science at the University of Illinois at

Chicago, then testified that Apple infringed the '239 patent in its iPhone through the

use of FaceTime and a feature for attaching video to messages and mail.

Ken Parulski, another expert who was part of the Kodak team that developed the

world's first color digital camera, testified that Apple infringed another Samsung

patent for organizing video and photos in folders.

"This is a fundamental invention that's widely used today," he said.

Almost two years after Apple and Samsung faced

off in a messy patent dispute, the smartphone and

tablet rivals have returned to the same San Jose,

Calif., courtroom to argue once again over patents

before Federal Judge Lucy Koh. Apple is arguing

that Samsung infringed on five of its patents for the

iPhone, its biggest moneymaker, and that Apple is

due $2 billion for that infringement. Samsung

wants about $7 million from Apple for infringing

two of its software patents.

While the companies are asking for damages, the

case is about more than money. What's really at

stake is the market for mobile devices. Apple now

gets two-thirds of its sales from the iPhone and

iPad; South Korea-based Samsung is the world's

largest maker of smartphones; and both want to

keep dominating the market. So far, Apple is

ahead when it comes to litigation in the US.

Samsung has been ordered to pay the company

Apple v. Samsung: All you

need to know about latest

patent trial (FAQ)

Tech novices set to

determine the fate of Apple

v. Samsung

Apple: Samsung patent

case is not about Google

Apple: Samsung purposely

copied iPhone after

suffering ‘crisis of design’

Apple expert: iPhone-like

features boosted Samsung

phone sales

Apple: Samsung should

pay us $2.191B for

infringement

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about $930 million in damages.

Most Samsung features that Apple says infringe

are items that are a part of Android, Google's

mobile operating system that powers Samsung's

devices. All patents except one, called "slide to

unlock," are built into Android. Apple has argued

the patent-infringement trial has nothing to do

with Android. However, Samsung argues that Apple's suit is an "attack on Android"

and that Google had invented certain features before Apple patented them.

In the case, Apple and Samsung have accused each other of copying features used

in their popular smartphones and tablets, and the jury will have to decide who

actually infringed and how much money is due. This trial involves different patents

and newer devices than the ones disputed at trial in August 2012 and in a damages

retrial in November 2013. For instance, the new trial involves the iPhone 5,

released in September 2012, and Samsung's Galaxy S3, which also debuted in

2012.

The latest trial kicked off March 31 with jury selection. The following day featured

opening arguments and testimony by Phil Schiller, Apple's head of marketing.

Other witnesses who have testified include Greg Christie, an Apple engineer who

invented the slide-to-unlock iPhone feature; Thomas Deniau, a France-based Apple

engineer who helped develop the company's quick link technology; and Justin

Denison, chief strategy officer of Samsung Telecommunications America.

Denison's testimony came via a deposition video.

Samsung expert witnesses:

Sorry, Apple, there's no

infringement

Samsung expert: Apple

should get only $38.4M for

infringement, not $2.2B

SEE FULL GALLERYAPPLE V. SAMSUNG 2014: THE GADGETS IN QUESTION

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Apple experts who took the stand over the past few weeks included Andrew

Cockburn, a professor of computer science and software engineering at the

University of Canterbury, New Zealand; Todd Mowry, a professor of computer

science at Carnegie Mellon University; and Alex Snoeren, a professor of computer

science and engineering at the University of California at San Diego.

The crux of Apple's case came with two expert witnesses, John Hauser, the Kirin

professor of marketing at the MIT Sloan School of Management; and Christopher

Vellturo, an economist and principal at consultancy Quantitative Economic

Solutions. Hauser conducted a conjoint study that determined Apple's patented

features made Samsung's devices more appealing, while Vellturo determined the

amount of damages Apple should be due for Samsung's infringement -- $2.191

billion.

Samsung, which launched its defense April 11 after Apple rested its case, called

several Google engineers to the stand to testify about the early days of Android

and technology they created before Apple received its patents. Hiroshi

Lockheimer, Google vice president of engineering for Android, said his company

never copied iPhone features for Android. Other Google Android engineers, Bjorn

Bringert and Dianne Hackborn, also testified about features of the operating

system.

High-ranking Samsung executives, including former Samsung Telecommunications

America CEO Dale Sohn and STA Chief Marketing Officer Todd Pendleton, also

took the stand during the weeks-long trial. The two executives testified about

Samsung's marketing push for the Galaxy S2 and other devices, saying a shift in

the Korean company's sales and marketing efforts -- not copying Apple -- boosted

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SEE ALSO

its position in the smartphone market.

The past several days of testimony have largely been experts hired by Samsung to

dispute the validity of Apple's patents and to argue that Samsung didn't infringe.

The experts include Martin Rinard, an MIT professor of computer science; Saul

Greenberg, a professor of human computer interaction at the University of Calgary

in Canada; Kevin Jeffay, professor of computer science at the University of North

Carolina, Chapel Hill; and Daniel Wigdor, a computer science professor at the

University of Toronto.

David Reibstein, chaired professor of marketing at

the University of Pennsylvania's Wharton School of

Business, on Friday refuted Apple expert Hauser's

testimony from earlier this month. NYU Stern

School of Business professor Tulin Erdem,

meanwhile, on Friday also testified that she

conducted her own studies, using eye tracking, to

determine what devices consumers would buy.

She concluded that Apple's patented features

didn't boost desire for Samsung's products.

Earlier Monday, Judith Chevalier, a professor of

economics and finance at the Yale University

School of Management who was hired by

Samsung, said her analysis determined that a

reasonable royalty for Samsung's assumed

infringement would be $1.75 per device, or $38.4

million overall. Apple had argued it deserved $40

per device for infringement as well as lost profits

for a total of $2.191 billion.

There are seven patents at issue in the latest case

Samsung: Apple's case 'is

an attack on Android'

Samsung: Apple 'vastly

overstated' scope of

patents

Apple's Phil Schiller:

Samsung's copying makes

people 'question' our

innovation

Apple: Samsung made

'false statements' during

opening argument

Apple rests case vs.

Samsung after expert

makes pitch on damages

Google exec: We never

copied iPhone features for

Android

4/21/2014 Samsung kicks off infringement case against Apple with FaceTime claim - CNET

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-- five held by Apple and two by Samsung. Apple

has accused Samsung of infringing US patents

Nos. 5,946,647; 6,847,959; 7,761,414; 8,046,721;

and 8,074,172. All relate to software features, such

as "quick links" for '647, universal search for '959,

background syncing for '414, slide-to-unlock for

'721, and automatic word correction for '172.

Overall, Apple argues that the patents enable ease

of use and make a user interface more engaging.

Samsung, meanwhile, has accused Apple of infringing US patents Nos. 6,226,449

and 5,579,239. The '449 patent, which Samsung purchased from Hitachi, involves

camera and folder organization functionality. The '239 patent, which Samsung also

acquired, covers video transmission functionality and could have implications for

Apple's use of FaceTime.

The Samsung gadgets that Apple says infringe are the Admire, Galaxy Nexus,

Galaxy Note, Galaxy Note 2, Galaxy S2, Galaxy S2 Epic 4G Touch, Galaxy S2

Skyrocket, Galaxy S3, Galaxy Tab 2 10.1, and the Stratosphere. Samsung,

meanwhile, says the iPhone 4, iPhone 4S, iPhone 5, iPad 2, iPad 3, iPad 4, iPad

Mini, iPod Touch (fifth generation) and iPod Touch (fourth generation) all infringe.

The arguments by Apple and Samsung in the latest case should finish by the end of

April. Court will be in session three days each week -- Mondays, Tuesdays, and

Fridays -- though the jury will deliberate every business day until it has reached a

verdict. Closing arguments likely will take place April 28.

As of the end of the day Monday, Apple had five hours and six minutes left to

present its case and defend itself against Samsung's accusation. Samsung had one

hour and two minutes left.

Updated at 4:35 p.m. PT with additional testimony details.

Samsung doc: Beating

Apple was 'survival

strategy'

Samsung expert compares

Apple's patented phone

features to car cup holders

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Tags: Mobile

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ABOUT THE AUTHOR

Shara Tibken /

Shara Tibken is a senior writer for CNET focused on Samsung and

Apple. She previously wrote for Dow Jones Newswires and the Wall

Street Journal. She's a native Midwesterner who still prefers "pop" over

"soda." See full bio

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ARTICLE DISCUSSION

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Thick--McRunfast

The problem isn't the patent system, it's our slow judicial system. Patents were added tothe US Constitution by our founding fathers for a reason. If an individual or group inventssomething, they alone deserve to reap the profits for a defined amount of time beforecompetitors should be allowed to clone. If there are no protections, then there are noincentives for the original group or anyone else to invent at all. In our digital age,software patents are as valuable as hardware gadgets. If someone finds an innovativeway to accomplish something using software, it should be exclusive to the inventor.Slide to unlock did not exist before Apple invented it. That is a fact even Samsungconceded in court. It sounds so minor now, but ask yourself, did Apple solve a problemin a novel way? Yes. So much so that others stole it. If it isn't a big deal, as some claim,then don't use it. Come up with something else. In the end, our courts need to be fasterin responding to both the true patent trolls and the infringers. The GS 3 is just now beingdealt with. That hurts American businesses. If foreign companies can steal our IP, andthe courts respond too slowly, we have a huge problem.

REPLY / (2) LIKE

silentbobdrummer

These patents (from all sides) are getting ridiculous...

Since the patent office either doesn't review or doesn't have time to review a lot of these

11 Comments

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4 hours ago

software patents, maybe the courts in these cases should determine whether thesepatents are even valid.

REPLY / (1) LIKE

3 hours agogevalentine

@silentbobdrummer Indeed. That should be the first step in lawsuits involvingsoftware patents these days.

REPLY / LIKE

JayB_07

that's absurd.

REPLY / (1) LIKE

2 hours agoslapppy

Exactly. Samsung Lawyers are grasping at straws with absurb claims andpuppets for expert testimonies. Samsung looks desperate and foolish bringingthis up.

REPLY / (1) LIKE

2 hours agosenuod

@slapppy Apple's claims are just as absurd. Current Patent law has allowed thistype of ridiculousness to thrive.

REPLY / (2) LIKE

2 hours agoslapppy

Prove it. Apple FaceTime works amazingly. Unlike many competing products.It's underlying hood that's makes it all work with a simple tap when it wasintroduced is quite magical. So Samsung has a similar product that worked thesame way prior to FaceTime? Go ahead show us. Again there are plenty ofvideos and documentation available to show Apple FaceTime. Where isSamsungs? Oops not there for Samsung to show! hahaha

REPLY / (1) LIKE

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1 hour ago

1 hour ago

senuod

@slapppy I don't have to prove that. That's up to Samsung...and it wasn't mypoint.

Apple's patents for "quick links", "universal search", "background syncing", "slide-to-unlock", and "automatic word correction" are ridiculous patents that shouldhave never been awarded. You may believe Samsung's patents are ridiculousalso, that's fine. Apple MIGHT have an argument with "slide-to-unlock"...all ofthe rest are ridiculous.

Quick links???

Universal Search??? Apple developed universal search?...right

Automatic word correction???....no

I don't hate Apple by any means, I prefer android, but I have plenty of intelligentfriends who prefer Apple. My fiancee has an apple computer. My best friend'sentire family only buy apple products because of the build quality and theconnectivity between devices. However you look at it, current patent law allowsfor frivolous, wholly generic patents to be owned by corporations simply for thepurpose of suing other companies. It's ridiculous. Small companies/firms andApple are the main perpetrators of using patent law to stifle competition andgain profit.

Apple doesn't need to go this route. For people like me, who don't prescribe toa particular platform, it's off-putting. Just build a superior product.

REPLY / (1) LIKE

neo158

@senuod Exactly, just look at Microsoft who has patent deals with companies,including Samsung and, AFAIK, they didn't take any of them to court.

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1 hour ago

48 minutes ago

Regarding ALL of the software patents that Apple have, they have nothing to dowith Samsung seeing as it's GOOGLE Android and not SAMSUNG Android. Asan example Apple state that the Samsung Galaxy Nexus infringes on theirpatents, yet that uses stock Android with no manufacturer skin.

Apple should just grow a pair and go directly after Google if they believeAndroid infringes on their patents.

REPLY / (1) LIKE

dariusthegreat

@slapppy

Yeah Facetime works amazingly well thanks to Samsungs or rather the PatentSamsung bought from Hitatchi. On a more personal note SOME of you Appleloyalists and I stress Some really need to get over yourselves,we are talkingabout a Smartphone and nothing more.If your life is so deeply intertwined withyour Phone you have some real world issues.Advice people have the right tochoose and in this case some choose Apple,Android etc... to be so judgementalof people based on their phone choice simply demonstrates the true shallowcharacter of a person.

REPLY / (1) LIKE

slapppy

Proved my point. All blah blah blah talk from iHaters but can't proveanything...period! lol

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