Apple, Samsung both claim innovator status in opening of patent trial

01.08.2012

For example, he pointed to the Hewlett-Packard TC1000 tablet from early in the last decade, as well as a 1994 concept designed by Roger Fidler, called simply "The Tablet," that had a rectangular shape with minimal ornamentation and rounded corners like the iPad.

"There's a difference between commercial success and inventing something," Verhoeven said.

Verhoeven also countered the charge that Samsung's products infringe Apple's patents. In one of the more dramatic moments of his presentation, he held up an Apple tablet prototype, called the "035 model," which was the basis of Apple's 2004 application for the so-called . The unit looked like the bottom half of a white iBook from that era, nearly an inch thick and made of white plastic. Its face was plain and flat, covered with glass, with a black border around the display.

Verhoeven held it up next to a Samsung Galaxy Tab, which was black and just a fraction of the thickness of the Apple model. The two could never be confused with each other, and the Samsung doesn't violate the '889 patent, he said. Apple doesn't even claim that patent on its own iPad, Verhoeven said.

Samsung will also present its own patent infringement claims against Apple, in which it says Apple uses fundamental technologies for mobile communication that Samsung developed. These include the ability to email photos from a phone. Verhoeven showed a video of the late Apple CEO Steve Jobs demonstrating that feature at the iPhone launch.