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Samsung argues marketing, not copying Apple's iPhone, drove smartphone success

Kicks off week two of patents trial with all guns blazing
Tue Apr 15 2014, 10:53
Apple iPhone fighting Samsung Galaxy SIII

SAMSUNG HAS ARGUED in court that strong marketing and advertising drove its success in the smartphone market, not copying Apple's iPhone.

Samsung kicked off week two of its second patent trial against Apple with all guns blazing. The Galaxy S5 maker argued that, despite Apple's opposing arguements, it was the strong marketing and advertising that saw Samsung take the smartphone market by storm - not ripping off the iPhone's features.

Todd Pendleton, chief marketing officer at Samsung America, testified that when he joined Samsung in 2011 he was not even aware the company made smartphones, adding that back then the firm had a branding problem.

"I think people knew Samsung for televisions," Pendleton said. "But in terms of smartphones, there was no recognition for what our product was or what it stood for."

At the time, Samsung was the world's number four smartphone maker behind Apple, HTC and Blackberry, which didn't please Pendleton. So, he decided that he would attempt to build the brand from scratch, based around the idea that Samsung would stand for "relentless innovation" - now better known as Samsung's "Next Big Thing" marketing campaign.

When asked whether Samsung planned to surpass Apple, Pendleton said, "Our goals at Samsung are always to be number one at everything we do. To beat everyone."

Apple argued that this aggressive marketing doesn't explain the features that Samsung loaded onto its smartphones, which it claims the firm copied from the iPhone and iPad.

Paul Westbrook, a software engineer for Google, was called as a witness to explain how Google's data syncing for email worked, in an attempt to show that Samsung didn't infringe a similar Apple patent.

Questioning Westbrook, Rachel Krevans, a lawyer representing Apple, said, "This case is about smartphones and tablets that Samsung makes and sells in the United States, right? Samsung made the choice what code to put on them, right?"

According to reports, Westbrook confidently replied, "Um, sure."

Samsung and Apple's latest patents lawsuit likely will be a lengthy and a costly one. The two rival firms are arguing before US District Court Judge Lucy Koh in San Jose, with Apple claiming that a number of Samsung smartphones, including the Galaxy S3 and Galaxy Note 2, infringe five of its patents. The firm is asking for $2bn in damages.

Samsung has countered with claims that Apple infringes its patented technology for data transmission, imaging, audio and video in its iPhone, iPad and Mac devices. µ


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