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Jurors deliberating in high-stakes Apple-Samsung trial
by Staff Writers
San Jose, United States (AFP) April 29, 2014


US Supreme Court grapples with mobile phone quandary
Washington (AFP) April 29, 2014 - The Supreme Court heard arguments Tuesday in two cases testing the police's authority to search detainees' mobile phones without warrants, in what could have a major impact on US law enforcement.

The closely watched cases at the top US court are a dramatic example of justice systems adapting to increasingly pervasive new technologies, particularly with smartphones able to contain reams of important personal information -- including photos and videos.

The nine justices on the prestigious panel will have to decide how to apply the 18th century US Constitution's Fourth Amendment protection against "unreasonable searches and seizures" to today's highly advanced data troves contained in mobile phones.

The US government argues that phones, like other personal items such as wallets or purses, may be searched during an arrest without a warrant, but privacy advocates are showing resistance.

About 12 million people are arrested every year in the United States -- many of them for trivial offenses -- while 90 percent of the population owns a mobile phone.

"People carry their entire life on cellphones," said Justice Elena Kagan.

"The police can seize the phone and look at the personal data because that person was arrested for driving without a seat belt?"

Justice Samuel Alito expressed the need "to balance the interests of privacy versus the law enforcement," particularly in light of the rapid advance of technology.

The hearing focused on two cases.

The first emerged from the arrest of David Riley, a Californian student pulled over in 2009. His car registration was found to have expired.

Police discovered loaded guns in his car and, after scouring his smartphone, entries related to a local gang and an earlier shooting.

His sentence of 15 years to life was upheld on appeal.

In the other case, Boston police in 2007 searched the call log of Brima Wurie's flip phone, which led them to an apartment where they found drugs, money and weapons.

An appeals court threw out the evidence found on Wurie's phone, saying it had been obtained unconstitutionally.

- 'Great deal of evidence' -

Michael Dreeben, representing the government, said mobile phones can potentially "contain a great deal of evidence" and argued that police should have the right to search phones without a warrant to avoid evidence on the phone being destroyed.

Challenging the government's position, Justice Antonin Scalia exclaimed: "It seems absurd to search in a cellphone for an arrest for not wearing a seat belt!"

The New York Times is among several news organizations that filed a brief supporting Riley and Wurie, saying mobile phone searches threatened news-gathering.

"Mobile phones aren't weapons and pose no physical threat," the Times said in an editorial on the eve of the Supreme Court arguments.

"For better or worse, mobile phones have become repositories of our daily lives, and will become only more powerful over time. As a rule, the police should have to get a warrant to search them."

Norman Reimer, executive director of the National Association of Criminal Defense Lawyers, said "allowing the police to search the contents of a cellphone without obtaining a warrant would be an affront to America's long history of individual privacy rights."

"It is akin to granting the police the right to search the most intimately personal details of our lives," he said ahead of Tuesday's arguments.

The Supreme Court has already acknowledged the need to adapt to new technologies, ruling in 2012 that authorities would violate the Fourth Amendment if they attached a GPS tracking device to a private car.

A final decision on the cellphone cases is expected by late June.

Jurors on Tuesday began deliberations in a big-money smartphone patent trial pitting Apple against Samsung, and by extension Google, in the heart of Silicon Valley

In a new trial following up on a landmark 2012 case in the same courtroom, Apple attorneys argued that Samsung flagrantly infringed on iPhone patents in a desperate bid to compete with the California company's culture-changing smartphone.

"Apple cannot simply walk away from its inventions," attorney Harold McElhinny told jurors in his argument for the US tech giant.

"Here we are 37 million acts of infringement later and we are counting on you for justice."

McElhinny maintained that Samsung sold more than 37 million infringing smartphones and tablets in the United States.

Apple's legal team wants jurors to order the South Korean electronics giant to pay more than $2 billion in damages for flagrantly copying iPhone features.

Meanwhile, Samsung lawyers maintained that the legal onslaught is the result of a "holy war" Apple declared on Google-made Android software used to power smartphones.

"We are not pointing the finger at Google," Samsung attorney Bill Price said during closing arguments in the courtroom of US District Court Judge Lucy Koh.

"We are saying they independently developed these features and they don't infringe. Samsung didn't copy."

- Two-horse race -

The launch of the first iPhone in 2007 shook the smartphone market and prompted Samsung to bemoan a "difference between Heaven and Earth" when it came to its handset line and Apple's coveted devices, McElhinny said while recapping evidence for jurors.

The US smartphone market quickly became a "two-horse race" between Apple and Samsung, according to McElhinny.

Samsung copied iPhone technology to win smartphone sales that would have gone to Apple, the lawyer argued.

Samsung attorneys countered that patented technology at issue in trial has not been used in iPhones and that smartphone buyers weigh a host of features and factors while chosing devices.

"We don't think we owe Apple a nickel," Samsung attorney John Quinn told jurors.

"What Apple needs to understand is that the answer to the innovator's dilemma is not here in the courtroom suing people."

Quinn called the lawsuit a "long shot" aimed at the leading Android smartphone maker to avoid a direct courtroom battle with Silicon Valley neighbor Google.

- Deliberations begin -

Jurors began deliberating after attorneys completed closing statements in the trial that began at the start of April.

Google engineers were among witnesses called to testify as Samsung lawyers portrayed the case as an attack on Android, which has become a formidable rival for the software powering Apple smartphones and tablets.

Samsung is the world's leading maker of smartphones and tablets built using Google's free Android mobile operating system.

Android smartphones dominate the global market, particularly in devices offered for lower prices than iPhones.

In August 2012, a separate jury in the same court decided that Samsung should pay Apple $1.049 billion in damages for illegally copying iPhone and iPad features, in one of the biggest patent cases in decades.

The damage award was later trimmed to $929 million and is being appealed.

If this new trial goes in Apple's favor, it could result in an even bigger award since it involves better-selling Samsung devices, such as the Galaxy S3 smartphone.

Apple lawyers accused Samsung of going far beyond competitive intelligence to the "dark side" of intentional copying.

Patents at issue in the case involve unlocking touchscreens with slide gestures, automatically correcting words being typed, retrieving data sought by users and performing actions on found data such as making a call after coming up with a phone number.

Samsung devices targeted by Apple include more than half a dozen smartphones from the Galaxy line, along with the Galaxy 2 tablet.

Jurors will also consider Samsung's claims that Apple infringed on patents related to transmitting digital video and storing digital images.

gc/rl

Apple

Samsung

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