Top Defense Results: Apple Inc. v. Samsung Electronics Co. Ltd. et al.

When client Samsung Electronics Co. Ltd. entered into a third "smartphone war" patent trial against rival Apple Inc. in the space of 21 months, Quinn Emanuel Urquhart & Sullivan LLP crafted a creative defense strategy to deflect most of the plaintiff's aggressive claims.

Apple sought $2.19 billion in infringement damages, but jurors awarded less than 6 percent of that amount, $119.6 million, in a May verdict.

U.S. District Judge Lucy H. Koh in San Jose also declined to issue a sales ban against Samsung smartphones and tablets that were found to infringe Apple technology in an August ruling. Apple Inc. v. Samsung Electronics Co. Ltd. et al, 12-CV630 (N.D. Cal., filed Feb, 8, 2012).

Quinn Emanuel lawyers repeatedly argued that Apple was overstating the value of its patented smartphone features.

Samsung and Quinn Emanuel also reserved some of their limited trial time to assert two patents against Apple for a relatively low damages award.

William F. Lee, a lead counsel for Apple, told jurors during his closing argument that Samsung was using the counterclaim to "cheapen the value of patents" and undercut Apple's damages case.

But Samsung's gamble paid off when jurors awarded $158,400 after finding Apple liable for infringement of a digital image compression patent.

"Smartphones are complex, multi-faceted products. There are a lot of different technologies and features involved," Victoria F. Maroulis of Quinn Emanuel said about the successful counterclaim. "It's not surprising in some cases that damages come out for an individual feature what may be perceived as low."

John B. Quinn played a key role for Samsung's trial team. The Quinn Emanuel firm founder and leader delivered Samsung's opening statement to jurors and examined witnesses on the stand.

Quinn also was one of four lawyers to participate in Samsung's unique closing argument, which was organized by topic. William C. Price, David A. Nelson and Kevin P.B. Johnson reviewed different portions of Samsung's defense and counterclaim arguments before Quinn provided Samsung's final word.

"There are so many different patents and aspects to this trial. We had six trial counsel," Maroulis said. "I think conventional wisdom says that you want to have one or two speakers, but in a big trial like this you want more flexibility."

The case is now up on appeal before the U.S. Court of Appeals for the Federal Circuit. An oral argument focused on whether Apple should win injunctive relief against Samsung is slated for March.

- KEVIN LEE