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Apple/Samsung trial, day 1: Phil Schiller was extremely concerned with Samsung's advertising efforts


Day 1 of Apple and Samsung's second California trial is now in the books. On Tuesday, both Apple and Samsung presented their opening arguments, with both sides naturally presenting vastly different takes on the smartphone revolution.

Apple of course contends that Samsung piggy-backed off of its hard work, blatantly copying many of Apple's design decisions and patented technologies.

Attorney Harold McElhinny, representing Apple via the law firm Morrison Foerster, said that Samsung's products may very well infringe upon 50 of Apple's patents, but asserting every patent wouldn't be feasible.

So instead, McElhinny articulated that Apple decided to assert 5 patents that together were infringed by 37 million Samsung phone and tablet sales. While much has been made of Google taking a more prominent role in this second trial, McElhinny emphasized that "It's Samsung, not Google selling these phones. It's Samsung making these things, and infringing."

All told, Apple is seeking $2 billion in damages, a lofty figure that many in the tech/legal realm seem to agree is rather excessive. Addressing this very point, McElhinny reportedly said during opening arguments that "the reason the damages are high are because the scope of Samsung's infringement was massive."

Most notable from Tuesday's proceedings is that Apple's Phil Schiller took the stand where we learned that Apple's marketing chief was keenly aware of and concerned with a January 2013 Wall Street Journal article titled, "Has Apple Lost Its Cool to Samsung?"

Following the publication of that article, Schiller reportedly sent an email to Apple's ad agency stating that "We have a ton of work to do to turn this around."

Also of note is that Samsung, when cross-examining Schiller, noted that Apple's marketing chief was "obsessed" Samsung's youth-based advertising efforts, even going so far as to tell Tim Cook that Apple should consider a new ad firm.

Apple of course kept its ad agency -- TBWA\Chiat\Day -- and over the last few months we've some of the best Apple ads we've seen in some time.

Court proceedings will resume this coming Friday.

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