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Published: Friday December 7, 2012 MYT 7:56:00 AM
Updated: Friday December 7, 2012 MYT 8:52:51 AM

Apple, Samsung face off in court again; Apple returns some production to US(update)


SAN JOSE: Apple Inc and Samsung Electronics squared off again in court on Thursday, as the iPhone maker prepares to convince a U.S. district judge to ban sales of a number of the Korean company's devices and defend a $1.05 billion (654.5 million pounds) jury award.

Apple scored a sweeping legal victory in August at the conclusion of its landmark case against its arch-foe, when a U.S. jury found Samsung had copied critical features of the iPhone and iPad and awarded it $1.05 billion in damages.

U.S. District Judge Lucy Koh is expected to address a range of issues at the hearing, which began Thursday afternoon. They include setting aside any of the jury's findings on liability, juror misconduct, and the requested injunction.

Twenty four of Samsung's smartphones were found to have infringed on Apple's patents, while two of Samsung's tablets were cleared of similar allegations.

Koh began by questioning the basis for some of the damages awarded by the jury, putting Apple's lawyers on the defensive.

"I don't see how you can evaluate the aggregate verdict without looking at the pieces," Koh said.

Samsung's lawyers argued the ruling against it should be "reverse engineered" to be sure the $1.05 billion was legally arrived at by the jury, while Apple said the ruling should stand as is.

FIERCEST RIVAL

Samsung is Apple's fiercest global business rival, and their battle for consumers' allegiance is shaping the landscape of the smartphone and tablet industry, and has claimed several high-profile victims including Nokia.

While most of the devices facing injunction are older and, in some cases, out of the market, such injunctions have been key for companies trying to increase their leverage in courtroom patent fights.

In October, a U.S. appeals court overturned a pretrial sales ban against Samsung's Galaxy Nexus smartphone, dealing a setback to Apple's battle against Google Inc's increasingly popular mobile software.

Some analysts say Apple's willingness to license patents to HTC could convince Koh it does not need the injunction, as the two companies could arrive at a licensing deal.

Apple is also attempting to add more than $500 million to the $1 billion judgment because the jury found Samsung willfully infringed on its patents.

Samsung, for its part, wants the verdict overturned, saying the foreman of the jury in the trial did not disclose that he was once embroiled in litigation with Seagate Technology, a company that Samsung invested in.

Both Apple and Samsung have filed separate lawsuits covering newer products, including the Samsung Galaxy Note II. That case is pending in U.S. District Court in San Jose and is set for trial in 2014.

Reuters also reported that Apple is to to return some Mac production to U.S. in 2013

SAN FRANCISCO/NEW YORK: Apple Inc plans to move some production of Macintosh computers to the United States from China next year, Chief Executive Tim Cook said in remarks published on Thursday, in what could be a important test of the nascent comeback in U.S. electronics manufacturing.

Apple makes the majority of its products, from Macs to the iPhone and iPad, in China, the world's factory floor for electronics. But like other U.S. corporations, it has come under fire for relying on low-cost Asian labor and contributing to the decline of the U.S. manufacturing sector.

Cook did not say which Macintosh products will be produced in the United States. But the effort is expected to go well beyond simple final assembly of devices, with Apple and unnamed partners building most or all of the components in the United States as well.

The company will spend more than $100 million on the U.S. manufacturing initiative, Cook said in an interview with Bloomberg Businessweek published on Thursday.

"This doesn't mean that Apple will do it ourselves, but we'll be working with people and we'll be investing our money," Cook said.

He told NBC's "Rock Center" program, in an interview to be aired later Thursday, that only one of the existing Mac product lines would be manufactured exclusively in the United States.

Apple declined to comment beyond the interview.

Cross Research analyst Shannon Cross said it made sense for Apple to bring some manufacturing back to the United States, because some components were already being produced here.

Also, while cheaper labor costs have been a key factor in encouraging U.S. manufacturers to move production to China, wages and other costs have risen sharply - particularly in the main coastal manufacturing centers. Labor costs, moreover, account for only a tiny portion of overall expenses: the research firm iSuppy says the total cost, including labor, for final manufacturing of an iPhone 5 is just $8.

Experts estimate that the total base cost of all components that go into the gadget, or bill of materials, comes to around $200.

Cross pointed to other potential benefits of U.S. manufacturing, including mitigating the risk of intellectual property theft.

Cook has said in the past that he would like to see more of the company's products assembled back home, but declining U.S. manufacturing expertise made that difficult. Apple makes applications processors for the iPad and iPhone via Samsung Electronics <005930.KS> in Austin, Texas, and sources glass for the same devices from a Corning facility in Kentucky.

IHS iSuppli, a research firm that tracks supply chains, sa id the company now outsources production of notebook personal computers to Taiwan's Quanta Inc <2 382.TW> a nd Foxconn, which also makes the iPhone and iPad, and Pegatron Corp <49 38.TW>. Fo xconn and Quanta have U.S. facilities.

"Apple's move appears to be a symbolic effort to help improve its public image, which has been battered in recent years by reports of labor issues at its contract manufacturing partners in Asia," Craig Stice, senior principal analyst for computer systems at His. "However, given Apple's high profile in the market, the company's 'insourcing' initiative could compel other companies to follow suit and transfer production to the United States over the next few years."

Apple's stock rose 1.6 percent on Thursday, a tepid bounceback from Wednesday's 6 .4 percent dive that was its biggest single-day loss in almost four years.

MAKING STRIDES

Analysts say the stock, which has fallen steadily since September, has come under pressure from investors worried about the rapidly intensifying competition from Google Inc's Android products.

Samsung, in particular, has emerged as a formidable competitor, chipping away at Apple's dominance in the tablet market and leading the smartphone pack in China, where the U.S. company's smartphone market ranking fell to No. 6 in the third quarter from No. 4 in the previous three months, research outfit IDC estimates.

Samsung's stock has climbed 8 percent since the end of September.

Apple's domestic manufacturing effort will likely buy the brand some goodwill at home, where the debate about off-shoring has heated up as the economy sputters along. It has also come under fire for dis mal working conditions at Foxconn, and critics have accused Apple of promoting inhumane hours and helping create a high-stress environment for migrant workers.

Beyond the marketing boost, some analysts said Apple could blaze a trail should it prove that American manufacturing of electronics can be profitable.

"It seems to me like a nice time for Apple to do something," Gartner analyst Carolina Milanesi said. "If it can be a profitable business, and others follow, then Apple has shown the way."

Earlier this year, Google made waves when it announced that it would build its Nexus Q home entertainment streaming device - deemed by many analysts to be an experimental product - right in the heart of Silicon Valley. Google said it hoped to speed up innovation on the device and improve time-to-market.

And Lenovo Group Ltd <0992.HK> - China's largest PC maker - this year said it will move a limited amount o f computer manufacturing to North Carolina, to be closer to the market.

"Lenovo's announcement appears to have flown under the radar," said Jeffrey Wu, senior analyst for OEM research at IHS.

"Apple is a company that is always in the spotlight, and the company's image sets the standard in the PC world. If Apple is doing it, will others follow?" - Reuters

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