Apple-Samsung Lawsuit in Jury Selection Stage

It is strange that the fight between Samsung and Apple, in the US at least, qualifies as only a prelude, but that's what happens when patent wars go out of control.

Apple and Samsung have been accusing each other of patent infringement for over a year, in various different parts of the world.

This time we will focus on the lawsuit that Apple started in San Jose, California, USA, the one that already earned the Cupertino company a victory.

And by victory, we mean that Apple persuaded Judge Lucy Koh to ban sales of the Samsung Galaxy Tab 10.1, even if the same product was ruled as not having infringed Apple's patents in a different part of the world.

At any rate, the actual lawsuit is finally starting, one with jurors, plaintiffs, defendants, etc.

Currently, the jury selection is being done. Once the 10 members are selected, they will listen to evidence for at least four weeks. Whether Apple or Samsung emerges victorious will require a unanimous decision on their part.

Samsung stands to lose the most really. While Apple will get an idea if its patent litigation strategy is sound, it can't actually get more than a slap on the wrist if it loses.

Samsung could have its Galaxy smartphones and tablets completely banned from the US though. It doesn't help that the jurors come from Silicon Valley, where Apple is a major employer.

"Although certainly if I were Samsung I would be concerned about what prospective jurors think about Apple, given that it's a huge employer there," said James Dobson of jury research consultancy Empirical Creative. "By and large jurors want to do the right thing and decide the case on the merits."

Apple will call Samsung executives and employees as witnesses during the trial, while Samsung will respond in kind.