US jury says #Samsung, #Apple both infringed patents

A US jury on Friday ordered Samsung Electronics to pay $119.6 million to Apple, a big loss for the iPhone maker in the latest round of their globe-spanning mobile patent litigation.

During the month-long trial in a San Jose, California, federal court, Apple accused Samsung of violating patents on smartphone features including universal search, while Samsung denied wrongdoing. On Friday, the jury found the South Korean smartphone maker had infringed two Apple patents.

Apple and Samsung have been litigating around the world for three years. Jurors awarded the iPhone maker about $930 million after a 2012 trial in San Jose, but Apple failed to persuade US District Judge Lucy Koh to issue a permanent injunction against the sale of Samsung phones.

Some industry observers see the ongoing legal dispute as Apple's attempt to curtail the rapid growth of phones based on Google's rival Android software, because Samsung was by far the largest adopter of the operating platform.

"Though this verdict is large by normal standards, it is hard to view this outcome as much of a victory for Apple. This amount is less than 10 percent of the amount Apple requested, and probably doesn't surpass by too much the amount Apple spent litigating this case," said Brian Love, assistant professor at the Santa Clara University School of Law.

"Apple launched this litigation campaign years ago with aspirations of slowing the meteoric rise of Android phone manufacturers. It has so far failed to do so, and this case won't get it any closer."

The current case involves five Apple patents that were not in the 2012 trial and that cover iPhone features like slide-to-unlock and search technology. Apple is seeking to ban sales of several Samsung phones, including the Galaxy S III, and sought just over $2 billion in damages.

It will now be up to Judge Koh to decide if a sales ban is warranted, though legal experts deem that unlikely.

"An injunction is extremely unlikely," argued Michael Carrier, a professor at Rutgers Law School. "The Federal Circuit sets a high bar."

To and fro
During the trial, Samsung argued that Apple had vastly exaggerated the importance of its patented iPhone features, while Apple said the South Korean company could not have competed in the smartphone market without unfairly copying its flagship product.

The two tech leaders also sparred over how Google's work on the software used in Samsung phones affects Apple's patent claims. Samsung's phones run on the Android mobile operating system developed by Google.

Google was not a defendant in the case, but during the trial Samsung pointed out that some of the features Apple claims to own were actually invented by Google, and called a handful of executives from the internet search giant to testify on its behalf.

Apple said Google shouldn't affect how jurors analyzed Samsung's liability, partly because Google had agreed to reimburse some of Samsung's costs.

Samsung also claims that Apple violated two patents on streaming video. It is seeking to ban the iPhone 5, and asserted a $6 million damages claim. On Friday, the jury ordered Apple to pay Samsung $158,400.

The case in US District Court, Northern District of California is Apple vs Samsung Electronics, 12-630.

Ref - TOI

#Apple, #Samsung cite and rebut internal memos in patent trial

Steve Jobs introduced the iPhone in January 2007, he said the device's new touchscreen technology worked like magic. He also said, "And boy, have we patented it!" 

Apple's lawyer, Harold J McElhinny, on Tuesday said that Apple's rivals should have taken Jobs's proclamation as a warning not to copy the iPhone. But Samsung did not get the message, he said. 

In closing arguments in the latest patent trial between Apple and Samsung, McElhinny argued that Samsung quickly became a world leader in the mobile market by copying features of Apple's iPhones and iPads, violating multiple patents along the way. 

But Samsung offered jurors a different story: Samsung's phones have been successful not because of copying but because the company came up with its own inventions and built its brand and reputation through a huge marketing budget. 

In the month-long trial, Apple has accused Samsung of selling phones and tablets that violate five of its mobile-software patents. Samsung has accused Apple of violating two of its patents. 

The eight-person jury, which includes a retired IBM engineer, a police officer, a store clerk and a retired teacher, started deliberations on Tuesday afternoon. 

If they conclude that patents were infringed, they will determine damages. Apple wants $2 billion from Samsung. Samsung wants about $6 million from Apple and has argued that it should owe only about $38 million if it is found to have infringed all five patents. 

William C Price, Samsung's lawyer, said that at the trial, Apple had used the word "copy" so many times to incense jurors. "They have to get you a little angry to justify this number," he said. 

McElhinny said that Samsung did not have anything similar to an iPhone when Apple's smartphone was introduced. But Samsung, he said, eventually released many phones that copied "feature after feature of the iPhone." 

"Samsung knew about the patents, it knew it was facing a crisis of design, and it intentionally copied the iPhone," McElhinny told the jury. 

McElhinny said Samsung was trying to play down the importance of some features covered by Apple's patents. But, he said, internal Samsung documents contradicted those claims. 

For instance, an internal Samsung presentation revealed that Samsung's designers viewed Apple's "slide to unlock" feature, which allows access to an iPhone, as a creative way to solve user interface complexity. 

"They didn't say it was obvious," McElhinny said, suggesting the idea would not have come to Samsung if Apple had not had it first. 

An internal document brought up repeatedly throughout the trial was a 2010 staff memo from JK Shin, the chief executive of Samsung's mobile business. In it, he said that the company was suffering a "crisis of design" and that the difference between iPhones and Samsung phones was the "difference between heaven and earth." 

McElhinny added that Apple had met with Samsung a year before suing to ask the South Korean manufacturer to stop copying but that Samsung never considered that. 

"Apple cannot walk away from its inventions," McElhinny told jurors. "We're counting on you for justice." 

Price said that Google was the bigger target in this case and that Apple was using patents to limit consumer choice and gain an unfair advantage against its main competitor, Google's Android operating system. Apple's complaint targets some features that Google put in Android, like the ability to tap on a phone number inside a text message to dial the number. 

Apple has repeatedly stressed that Google was not a defendant in this case and that Samsung, not Google, chose to sell devices with infringing features. 

But Google's role in the trial turned out to be more formal than expected. Last week, a Google lawyer testified that the company had agreed to cover some of Samsung's legal costs for claims in the trial and to indemnify Samsung if it lost on those claims. 

Samsung also had internal Apple documents to show as evidence that Apple was concerned about falling behind competitors. In a 2010 email, Jobs acknowledged that Apple faced tough competition and was trailing Google in internet services like email and calendars. He declared that Apple was in a "holy war with Google." 

And in reaction to an article in The Wall Street Journal questioning whether Apple had lost its edge to Samsung, Phil Schiller, Apple's senior vice president for worldwide marketing, wrote in an email to colleagues, "We have a lot of work to do to turn this around." 

Lawyers on both sides argued that each party had misinterpreted the other's internal documents. McElhinny, Apple's lawyer, said "holy war" referred to a broad competitive strategy that Apple was going to execute to make better products. 

Responding to the "crisis of design" memo, Price, Samsung's lawyer, said that the company's chief was restating that carriers, not Samsung, wanted a copy of the iPhone.

Ref - TOI

#SamsungGalaxy #S5 review: Good but no wow factor

Fast, functional and pricey - This is Galaxy S5 in one line. Samsung's top Android phone, which went on sale in the Indian market a few days ago, is the best phone the company has made so far. We have been using one since last week and we can tell you that it is an impressive device.

Galaxy S5 has (almost) everything you can ask for in a smartphone. Yet, there is something missing. It lacks a feature that truly stands out. It lacks appeal that can make it irresistible to consumers. It lacks the wow factor that can make anyone pick it up and pay the big bucks Samsung is asking for it.

So, should you buy Galaxy S5 or not? May be you should. Or may be not. It all depends on what you want your phone to do.

We will deal with this all-important question in a while (or you can skip to the verdict if you are running short on time). But before that, let's take a look at the device and what it can do.

Build and design
Samsung phones and tablets have similar designs. If you have seen a Galaxy S4, or Galaxy Grand 2, you will recognize Galaxy S5 as a Samsung phone in the first glance. The only major change is the back cover. It is made of plastic - hardly a surprise - but unlike the shiny and slippery finish found on the earlier Galaxy devices, the back cover in Galaxy S5 has a soft matte finish with a perforated pattern.

One key feature of Galaxy S5 is that it is a waterproof phone. It can survive rain. You can use it in shower. You can carry it in a swimming pool if you are not going to dive deep. As part of the waterproof design, the charging port, which supports both USB 2 and USB 3, is covered with a flap.



While there is no doubt that iPhone 5S or Xperia Z1 are better looking phones, Galaxy S5 gets the job done. The finishing and build quality of the device is top class. The design, though boring, is excellent in terms of functionality. We have seen phones that have exotic designs but don't feel comfortable to hold. Galaxy S5 fits well, at least as well as a big phone can, in hand.

Display
The top Galaxy phones always come with spectacular displays. Galaxy S5 carries on with the tradition. The 5.1-inch SuperAMOLED screen in S5 is gorgeous! It shows vibrant and rich colours and has excellent viewing angles.
The display is sharp due to the FullHD resolution of 1080 X 1920 pixels. On this device the text doesn't show pixelated edges in ebooks or on a web page. It is also very bright. Unlike Galaxy S4, which has some trouble in sunlit areas, Galaxy S5 screen remains bright enough to display text during outdoor use.



Special features
With the days of massive performance jumps or big updates over, Samsung is trying to woo consumers with some unique features. We have already talked about the waterproof design (high-end Xperia phones are also waterproof) but Galaxy S5 has a few more tricks up its sleeve. Are these special features useful?

Fingerprint scanner: Apple introduced it on iPhone 5S. But now Samsung too allows users to unlock their phone through a fingerprint scanner. This feature is a novelty. It looks cool when you unlock the phone using the fingerprint scanner. It works best when you swipe the fingerprint slowly and firmly on the scanner. This means 50% to 40% time when you swipe your finger, it will probably fail. It is not frustrating. But it is pointless.


Also, finger has to be swiped in a vertical motion, something that is impossible when you are using the phone with one hand. Summary: Cool feature but unlocking a phone through PIN or pattern is faster and more convenient.
S Health: We loved this feature in Galaxy S4 and we love it in Galaxy S5. With S health you can record your walking or jogging sessions. You can see how many steps you have taken each day or how many stairs you climbed. It is useful.

IR Sensor: This allows a user to control TV or set-top box with Galaxy S5. Useful and easy to set up.
Heart rate monitor: Under the primary camera in Galaxy S5, there is a heart rate monitor. You can put your finger on top of the sensor, open S Health app and check your heart beat. The device takes around 5 seconds to display heart rate and is mostly accurate but we won't pop a pill on the basis of Galaxy S5 readings.



If you think your heart rate is not normal, see a doctor. Again, this is a cool feature but not very useful for two reasons. One, any phone with a flash and camera can check your heart rate through an app like Instant Heart Rate. And two, you can't use it in gym or while jogging because keeping an eye on "heart rate zones" require real-time heart rate monitoring that can be performed only by a device that you can strap on your chest or wear on your wrist.

Kids mode: On Galaxy S5 you can enable kids mode before you pass on the device to a kid who wants to play game on it or wants to draw something. With kids mode enabled, the phone displays colourful and cartoonish theme. You can choose the app you want the kids to access. This feature works well and is useful. Bonus: There is an animated crocodile (swipe left from the home screen) in this mode. Kids can dress this crocodile in various attires, including different hats.



Ultra power saving mode: Enabling this feature puts a greyscale theme on the phone. All non-essential services, including push notifications, are stopped to conserve the battery. We tested this mode with only 5% battery left in the phone. We used Twitter in greyscale, opened a website and read a few articles, and made a few several calls. The phone lasted for little over an hour with just 5% battery in this mode. Useful, we say.

Software
Galaxy S5 runs Android 4.4.2, which is the latest version of Android, modified with TouchWiz, Samsung's proprietary user interface. Depending on your aesthetic sense, TouchWiz, with its emphasis on rich and bright colours, will either look garish to you or playful.

We prefer the stock version of Android available in a phone like Nexus 5, even though this time Samsung has toned down some of in-your-face design elements found in TouchWiz.

The big changes in terms of usability and aesthetics are three. One, the icons in settings panel and in the quick action bar in notification shade are round and flat. It is not a big deal but these new icons do look better. Second, My Magazine now takes the full left screen adjacent to the homescreen. This is similar to how Blinkfeed is presented on HTC One devices. Unfortunately, My Magazine, which is based on Flipboard and shows news stories as well as updates from social media, is not very useful. In its place Samsung could have put Google Now, just the way it is available on Nexus 5. Third, Samsung finally has the multi-tasking button on its Galaxy phone. The button on the left of the home button now opens the task-switcher. This is a welcome change. Though, users can still access menu by a long-press on this button.

The other Touchwiz features are part of Galaxy S5. The device has multi-window feature, which allows users to open and work on two apps simultaneously. It has S Voice, which we don't find too useful (Android voice search is supported too through "OK Google" phrase). It also contains a new feature called "toolbox" which puts a floating and translucent round icon on the screen. Tapping on this icon allows a user quick access to a few apps like notepad and browser. For example, if you are in Facebook app and then you have to quickly open the notepad app, you can do it through "toolbox" if you have enabled it.

Smart gestures like "air view" and "direct call" are still part of the phone and can be enabled or disabled from the settings. They are not very useful though.

Camera
The primary camera in Galaxy S5 can capture images in 16MP. Samsung is using ISOCELL technology in the phone. According to Samsung, this technology should help users click better images in low light.

We found that Galaxy S5 is capable of shooting some fantastic pictures. Images that we shot with it in proper light had good amount of detail and pleasant colours. However, in scenes where the source of light was too prominent (a difficult scene for any camera) we found the images had off-the-mark contrast. Fortunately, in most of the cases this was fixed by using HDR mode, which was just a toggle away.

Galaxy S5 is one of the rare smartphones where HDR mode in the camera works well enough and is fast enough to be of use.

Talking of speed, the camera in Galaxy is very fast in getting focus. You point it at something and zap, the subject is in sharp focus.



In low light, the performance is good, though a lot depends on how well you shoot. If you hold the hand steady while taking images, Galaxy S5 can take some nice photos in low light. The HDR mode also helps here. But the way camera processes images, aggressively trying to reduce noise, robs them of fine details.

Shooting videos is fun with Galaxy S5, mostly because it captures footage that is clear, sharp and has good contrast. Galaxy S5 can shoot videos in 720P, 1080P and 4K resolution. Of the three, 720P and 1080P are better. In 4K, the quality takes some hit. In 720P and 1080P modes, the phone also offers "slow" recording or "fast" recording. Slow mode, as the name suggests slows down the video to a crawl. You can shoot a car moving at 60 km/h and you will see it crawling on the road. The fast mode speeds up the video. Both are fun mode to use though in "slow" mode, quality of video takes a noticeable hit.

The 2MP front camera does a decent job while video chats.

Performance
Galaxy S5 is powered by Exynos 5422 processor, which has 8 cores. There is 2GB RAM and 16GB internal storage. This is a fast phone. The kind of mysterious lag often visible in Touchwiz user interface is not there in Galaxy S5. It feels as fast as Nexus 5, which is the fastest Android phone. On Galaxy S5, you can scroll through lists, switch tasks or open apps without seeing any lag.

We had a very positive overall experience while using Galaxy S5. It handles web browsing well and can play movies in most of the common formats and resolutions, including FullHD resolution, without requiring you to convert them into smaller files. The GPS in the phone is very fast and performance while using navigation or map apps is reliable.

The phone offers good call quality though it wasn't as crisp as what we have found in devices like Nexus 5. Similarly, the mono speaker is loud and will satisfy you if you want to play a song or two but we have heard better sound from devices like HTC One that have stereo speakers.

Battery life is where Galaxy S4 really excels. Once charged fully, its 2800 mAh battery can keep the device going for around 15 to 16 hours when used with a 3G connection. This battery life of around 15 hours is with around 4 hours of screen up time, which means we were using the device a lot. If you are not always connected to social media or don't open a website on your phone every 15 minutes, you will get even better battery life.

Gaming We played casual games like Angry Birds Go as well as some more demanding games like Asphalt 8 on the device. In both types of games, the performance of Galaxy S5 was fantastic. We could play Asphalt 8 at its high graphics settings with ease. The device gets little hot after 15 to 20 minutes of gaming but then this an issue that affects all high-end phones, including iPhone.

Verdict
Galaxy S5 is available in the market at a price of Rs 51,500. This means it is an expensive phone. In fact, it is a very expensive phone in a world where Moto G, Moto X and Nexus 5 exist.

As we noted earlier, we had a positive experience with Galaxy S5. It is a very capable phone and even though it lacks a killer feature, every little thing in the device, every new feature - such as waterproof design - adds to the user experience in a positive way.

But you may not need everything that Galaxy S5 offers. If you require a fast, functional and powerful smartphone, you can buy Nexus 5 without any second thoughts. You will pay Rs 20,000 less than what you will pay for a Galaxy S5.

But Nexus 5 lacks something. It doesn't have a slot for microSD card. It doesn't have a heart rate monitor. It is not waterproof. It doesn't have the camera or screen that Galaxy S5 has, although on both counts Nexus 5 is not too shabby.

There are three reasons to buy Galaxy S5. No matter what, you want to spend Rs 51,500 on a phone. If this is the case, go ahead and get Galaxy S5. It won't disappoint you. It is a fantastic phone.

The second reason is that you are already using a Galaxy S3 or something similar. You want to upgrade, you are comfortable with a Galaxy phone and have no problems shelling out Rs 51,500. Galaxy S5 works for you.

The third reason is that you want something that only Galaxy S5 offers. May be you want an Android phone with fingerprint scanner. Or you want the S Health feature. Or maybe you want a high-end phone with a battery that can be removed. Or you want use an external storage card in it.

Go through the special features listed above and decide whether they are going to be useful to you or not. Are they worth spending Rs 20,000 extra? If your answer is yes (our answer is no, in case you are curious), go ahead and get Galaxy S5. You will enjoy using it.

#Samsung #GalaxyS5 goes on sale #worldwide, available in #India at Rs 51,500

The latest version of Samsung's flagship Galaxy smartphone series, Galaxy S5, went on sale worldwide on Friday, days after the electronics giant announced it was facing a second consecutive quarter of profit decline. The phone is available at a price of Rs 51,500 on Samsung India eStore, the company's official online store.

The Galaxy S5 has a lot riding on it to steer the South Korean firm's profit-making machine back on track as growth in smartphone sales slows, with mature markets like North America and Europe near saturation.

Reviews of the S5 have mostly concluded that it is one of the best high-end smartphones on the market, but there is also a general consensus that it lacks the "wow" factor to differentiate it from its predecessors and competitors.

"It can swim, but it won't make any waves," was the verdict of the Wall Street Journal, referring to one innovation in the S5's waterproof covering.

Samsung's mobile unit has been the driving force behind the record profits of recent years, and it needs the S5 to perform well as a retort to the doom-mongers who say the company lacks a clear strategy to flourish in an increasingly competitive, saturated market.

Samsung made more than 30% of all smartphones sold in the world last year, nearly twice the share of its arch-rival Apple.

But on Tuesday, the company estimated its first quarter operating profit at 8.4 trillion won ($7.96 billion), marking a second straight year-on-year decline.

In a sign of the challenge the company faces, the S5 was priced lower at its commercial launch Friday than the previous S4 model.

Research firm IDC estimated the average selling price of smartphones will fall to $265 globally by 2017 from $337 in 2013 and $387 in 2012.

Samsung is believed to have reduced its marketing spend on the S5 and is also under pressure to set aside more cash for legal bills as years-long patent battles against Apple continue.

The two have locked horns in patent suits in several nations involving design and technologies on their smartphones and tablet computers.

A fresh patent trial opened in the United States last week, with Apple vowing to prove that Samsung flagrantly copied iPhone features and should pay more than $2 billion in damages.

Ref - TOI

#Samsung puts 'blame' on #Google in #Apple #patent trial

Samsung fired back at Apple's accusations of patent theft, saying the South Korean tech giant didn't write any of the Android software on its smartphones and tablets, Google did.

"Not one of the accused features on this phone was designed, much less copied, by anyone at Samsung," Samsung attorney Peter Quinn said. "The accused features on this phone were developed independently by some of the software engineers at Google, up the road in Mountain View."

The finger-pointing took place in US District Court in San Jose, where Apple and Samsung Electronics are accusing each other of stealing ideas from each other. At stake: more than $2 billion if Samsung loses, about $6 million if Apple loses.

On opening day, Google — which is not named in the litigation — was clearly a large part of it.

The trial marks the latest round in a long-running, worldwide series of lawsuits between Apple and Samsung over mobile devices.

Quinn told jurors that Apple's gripe is with Android, a Google-developed smartphone operating system that now makes up about 70% of the global market.

Apple's lawyer Harold McElhinny had anticipated the tactic.

"Don't be misled by that," he said in his opening statement. "This case is not about Google. It is Samsung that has made the decision to copy these features, it is Samsung, not Google, that chooses to put these features into their phones, and it is Samsung that has made the decision to keep on infringing on Apple's patents."

Google declined to comment on the controversy.

The trial's first witness, Phil Schiller, Apple's senior vice president of worldwide marketing, said the relationship between the companies has soured since Samsung launched the Galaxy smartphone.

"It appeared that Samsung was going to be doing a lot of copying of our product. It looked like an attempt to copy the iPhone," he said.

Former Apple CEO Steve Jobs, who died in 2011, was widely invoked throughout opening day.

Apple's McElhinny asked jurors to remember where they were on January 9, 2007, and he shared video of Jobs proudly unveiling the iPhone to cheering crowds that day in San Francisco.

"Samsung went far beyond competitive intelligence and crossed into the dark side of intentionally copying," McElhinny said.

Quinn countered that Apple is claiming overly broad rights to ideas.

"They don't own the only way to search on a phone, they don't own the only way to sync, they don't own the only way to unlock with a swipe," he said.

Consumers may end up paying the ultimate price in the case. Experts say the litigation could lead to more expensive smartphones and devices, and slow the overall pace of mobile innovation.

Rutgers Law School professor Michael Carrier said the litigation is "a drain on employees' time and could lead to companies reinventing the wheel to try to steer clear of patents."

Apple accuses Samsung of infringing on five patents on newer devices, including Galaxy smartphones and tablets. Specifically, Apple claims Samsung stole a "tap-from-search" technology that allows someone searching for a telephone number or address on the web to tap on the results to call the number or put the address into a map. In addition, Apple says Samsung copied "slide to unlock," which allows users to swipe the face of their smartphone to use it.

In a counterclaim, Samsung says Apple stole two of its ideas and used them for iPhones and iPads, including a wireless technology system that speeds up sending and receiving video.

Apple is demanding that Samsung pay an average of $33 for each of the 37 million Samsung devices running software allegedly conceived by Apple, and $40 per high-end device. The figure is well above other precedents, but Apple's legal team said it's fair compensation for the losses.

"I'll prove to you that is a gross, gross exaggeration, and an insult to your intelligence," Quinn told jurors.

Less than two years ago, a federal jury in the same courthouse found that Samsung was infringing on Apple patents. Samsung was ordered to pay about $900 million but is appealing and has been allowed to continue selling products using the technology.

Throughout three years of litigation, Samsung's global market share has grown. One of every three smartphones sold last year was a Samsung, now the market leader. Apple, with its typically higher priced iPhones, was second, with about 15% of the market.

The jury was selected on Monday from a pool of about 100 people, many of whom had opinions about the legal dispute centered in the Silicon Valley and work for companies affiliated with Samsung or Apple.

Two of the 10 jurors were excused Tuesday for health and financial reasons.

"I have eight of you left, and you are each precious," said Judge Lucy Koh, jokingly admonishing jurors to avoid bungee jumping and to eat health supplements.

Ref - TOI

#Apple’s war on #Samsung has #Google in crossfire

Officially, it's Apple versus Samsung Electronics in another tech patent faceoff in a San Jose, California, courtroom this week. But there is one unnamed party in the case - Google. 

In a lawsuit, Apple is seeking about $2 billion in damages from Samsung for selling phones and tablets that Apple says violate five of its mobile software patents. Samsung, meanwhile, says Apple violated two of its patents. 

Some features in Samsung devices that Apple objects to are part of Google's Android operating system, by far the most popular mobile operating system worldwide, running on more than a billion devices made by many manufacturers. This means that if Apple wins, Google may have to make changes to critical Android features, and Samsung and other Android phone makers might have to modify the software on their phones. 

"Google's been lurking in the background of all these cases because of the Android system," said Mark P McKenna, a professor who teaches intellectual property law at Notre Dame. "Several people have described the initial battle between Samsung and Apple as really one between Apple and Google." 

Representatives for Apple, Samsung and Google declined to comment. 

The current case, which begins on Monday with jury selection, is the second major court battle over patents between Apple and Samsung, which rode the success of Android to become the biggest handset maker in the world. Samsung lost the first case in 2012 and was ordered to pay $930 million in damages. 

That amount is pocket change for Apple, one of the richest companies in the world. And it hardly interfered with Samsung's ability to sell phones; the company, which is based in South Korea, shipped 314 million handsets last year, according to the research firm IDC. 

So this second fight has to be about more than money, said James Bessen, a law lecturer at Boston University. He said that if Apple just wanted money, it would have already agreed to settle.

Still, going after Google by attacking Samsung is difficult, Bessen said. Both Google and Samsung could alter features to avoid infringing on patents. And by the time the trial and appeals are finished, newer devices will have supplanted the products in question. 

"To kill Android with a half-dozen patents," Bessen said, "just seems like a long shot." 

Long shot or not, combating Google's Android system was a cherished goal of Steve Jobs, Apple's co-founder and chief executive, who died in 2011. He called Android a knockoff of the iPhone and told his biographer, Walter Isaacson, that he was willing to go to "thermonuclear war" just to kill Android. 

He also told Isaacson that Apple's past patent lawsuit against HTC, another Android handset maker, was about Google all along. 

"I'm going to destroy Android, because it's a stolen product," Jobs was quoted as saying in Isaacson's book "Steve Jobs." 

In the case set to open this week, Apple's legal complaint aims at some of the features that Google, not Samsung, put in Android, like the ability to tap on a phone number inside a text message to dial the number. And although Google is not a defendant in this case, some of its executives are expected to testify as witnesses. 

Apple has a long history of choosing battles against what it views as copycats. In 1988, the company sued Microsoft and Hewlett-Packard, claiming that software programmes sold by the two companies, including Windows, infringed on Apple's copyrights on how information was presented on the Macintosh operating system. After a four-year legal struggle, Apple lost on nearly all its claims. 

Apple filed its latest complaint against Samsung more than two years ago in the US District Court in San Jose, accusing Samsung of infringing on software patents involving both the iPhone and iPad, including the 'slide-to-unlock' feature for logging in, and universal search, the ability to look up items across the device and on the internet at the same time. 

For those patents, Apple wants $40 per infringing Samsung device sold in the United States. Apple lists several Samsung products that it says violated its patents, including the popular Galaxy S III, which at one point surpassed the iPhone in sales, and the Galaxy Note II. 

"Instead of pursuing independent product development, Samsung slavishly copied Apple's innovative technology," Apple said in its complaint. 

Samsung says Apple has infringed on patents covering how a photo album is organized, as well as a method for transmitting video over a wireless network. It bought these patents from Hitachi and a group of American inventors. 

The case will be tried by a jury of four and is expected to last a month. 

Apple's lawyers plan to argue that by copying the features of Apple's devices and then selling millions of phones, Samsung harmed Apple, because people who bought Samsung phones presumably would have otherwise bought iPhones. Apple will probably try to illustrate that Samsung is a copy machine, not an innovator, by pointing out that the two patents Samsung says were infringed on are not based on Samsung's own ideas because they were acquired from other inventors. 

Samsung's lawyers will try to argue that Apple's patents are invalid by demonstrating that similar software features were being developed by Google and others before the iPhone was released. They will also probably argue that Apple's complaint poses a threat to competition because the patents Apple says were infringed on broadly cover Android, meaning other phone manufacturers could be dragged in to the dispute. 

Expected witnesses include Philip W Schiller, Apple's senior vice president for worldwide marketing; Todd Pendleton, chief marketing officer of Samsung's American division; and Hiroshi Lockheimer, a vice president for engineering in Google's Android division. 

Apple has some advantages entering the trial. It won the last fight with Samsung, which might carry weight with jurors trying to decide if Samsung again infringed on patents. And the judge, Lucy H Koh, who also oversaw the last trial, has already decided that Samsung infringed on one of Apple's patents covering a method for automatically correcting incomplete or misspelled words while a person is typing. So Samsung is already down one. 

That does not necessarily make this an easy fight. To streamline the trial, Koh limited the number of patents that each company could assert were infringed on. Apple must argue that just a few patented features are worth a great deal of money, when there are thousands of other patented inventions that make a smartphone tick. 

"When you have a case where a party comes in with a handful of patents and says, these are the really important ones, these are the patents that are worth several dollars apiece per phone - from a simple economic standpoint, that doesn't make a lot of sense," said Brian J Love, a law professor at Santa Clara University who teaches courses on patent law. 

In January, the companies' top executives met with a mediator to discuss a possible settlement, but to no avail. Settling would be difficult for either company, in any case, given their clashing business strategies. 

Apple's approach is to develop software that runs exclusively on its hardware, and the company generally does not license its patents because it hopes that may prevent others from reproducing its products. 

Samsung has found success in making all kinds of products, like washing machines and refrigerators, or smartphones and television sets. It is unlikely it would tear features out of its best-selling smartphones without putting up a fight.