Apple and Samsung, two of the largest smartphone makers in the world, are set to face each other in court on Monday over new claims of patent infringement. In 2012, Samsung lost a patent case against Apple, and were ordered to pay almost a billion dollars. Samsung is in the midst of an appeal of that verdict.
Among Apple’s claims is that Samsung infringes on features such as slide-to-unlock, autocomplete, and universal search. They are seeking $40 for each infringing device sold in the U.S. — more than five times what they sought in their last trial. That could end up costing Samsung $2 billion if they lose.
In the background of the trial lurks a third major player: Google, who makes the Android operating system that samsung uses on the phone models in question. If Samsung is found to be infringing, Google may have to make across-the-board changes to its base Android operating system.
Android designers from Google are expected to testify at the trial about how they designed the operating system independently of Apple’s iOS. Andy Rubin, who oversaw Android’s development is listed as a possible witness (he also worked at Apple between 1989 and 1992).
In pre-trial proceedings on Sunday, Samsung objected to the use of a video shown to the jury. Juries in patent cases are usually shown a video explaining the patent system. The current version from the Federal Judicial Counsel features Apple products, which Samsung argued was highly prejudicial, and so they motioned for an older version to be shown. Their objection was overruled.
Selection for the case’s four-person jury begins Monday. It will be presided over by Judge Lucy Koh, who also handled Apple and Samsung’s previous patent dispute.