Apple presented documents it said were evidence that Samsung set out to copy its successful products, including a translation of an analysis of the iPhone with the note, "HW portion: Easy to copy," with "HW" referring to hardware. Samsung documents also referred to a "crisis of design" as mobile operators demanded the vendor make handsets like the iPhone, McElhinny said.
Samsung has made a long series of products that infringe Apple's patents, including the Galaxy S II phone and Galaxy Tab 10.1 tablet, selling 22.7 million units of infringing products and rolling in a profit of more than $2 billion on them, Apple said. Consumers confuse those products with Apple's, and their sales have eaten into Apple's own business, McElhinny said.
Samsung's lead attorney, Charles Verhoeven of Quinn Emanuel Urquhart & Sullivan, acknowledged Samsung engineers had been "inspired" by the iPhone and iPad but said that was business as usual in the electronics industry -- and claimed Apple did the same when it created its own designs.
"Being inspired by a good product and seeking to make even better products ... is called competition. It's not copying, it's not infringement," Verhoeven said.
Samsung will argue that Apple's patents are invalid, partly by showing earlier products and design patents that used elements Apple is claiming as unique, Verhoeven said.
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 '889 design patent. 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.
Apple said it will show that Samsung's handling of some of its mobile patents violated the rules of the standards body ETSI (European Telecommunications Standards Institute), which should have been informed of the patents. Samsung said those rules didn't apply because its patent applications were confidential information.
One of the ten jurors was dismissed on Tuesday morning before the opening statements began. She had requested to be let go because her employer would not pay her during the long trial.
The rest of the jury is likely to be in for a long and contentious series of arguments from both sides.
"Samsung hasn't done anything wrong," Verhoeven said at the conclusion of his opening statement. "If anything, what we have here is infringement by Apple."