FORTUNE -- Here's an interesting sequence of events, buried between the lines of a Samsung e-mail trail that Apple (AAPL) entered into evidence as part of its big patent infringement suit, now in its third week.
-- Oct. 4, 2011: From Samsung's VP of U.S. sales Mike Pennington to Samsung America CEO Dale Sohn and chief marketing officer Todd Pendleton.
"As you have shared previously, we are unable to battle [Apple] directly in our marketing. If it continues to be Samsung's position to avoid attacking Apple ... can we go to Google and ask them to launch a campaign against Apple..."
-- Oct. 5, 2011: Steve Jobs dies.
-- Oct. 7, 2011: Pendleton to Pennington.
"Hey Michael, We are going to execute what you are recommending in our holiday [Galaxy S2] campaign and go head to head with iPhone 4S."
We now know, thanks to documents Samsung released as part of its defense, that its mockery of Apple's devoted fan base (best lines: "I could never get a Samsung. I'm creative." "Dude, you're a barista.") drove Apple marketing chief Phil Schiller to distraction.
"I can't help but think," he later wrote Apple's ad agency, that "'these guys are feeling it' (like an athlete who can't miss because they are in the zone) while we struggle to nail a compelling brief on iPhone... Something drastic has to change. Fast."
UPDATE: AppleInsider's Daniel Eran Dilger digs a little deeper in Samsung email targeted Steve Jobs' death as "our best opportunity to attack iPhone"
A "top secret" internal report shows Samsung sold half as many Galaxy Tabs as it claimed.
FORTUNE -- We were skeptical in January 2011 when Strategy Analytics reported -- based on a vague comment made to investors by a Samsung vice president -- that the company had already shipped 2 million Galaxy Tabs, reducing Apple's (AAPL) market share to 75% from 95% in less than six weeks.
Nearly two dozen news outlets went with the report, including MOREPhilip Elmer-DeWitt - Apr 11, 2014 6:08 AM ET
New evidence in one of the most contentious issues in the Apple v. Samsung II patent trial.
FORTUNE -- AppleInsider's Daniel Eran Dilger and FOSS Patents' Florian Mueller have locked horns in a fierce debate over whether Samsung ought to be held liable for copying Apple's (AAPL) slide-to-unlock patent -- one of five patents at issue in the $2 billion infringement trial that began last week.
Dilger posted his piece on Saturday:
Apple unlocks MOREPhilip Elmer-DeWitt - Apr 6, 2014 5:41 AM ET
Samsung told the jury -- 8 times -- that Apple never used 3 of the 5 patents.
FORTUNE -- A certain amount of dissembling is part of the art of lawyering. But even FOSS Patents Florian Mueller, in his new role as Apple (AAPL) scold, agrees that Samsung went too far in its opening arguments.
The issue in the first week of the new Apple v. Samsung trial is what Apple meant by the "undisputed fact" in the attached quote, taken from MOREPhilip Elmer-DeWitt - Apr 4, 2014 11:46 AM ET
This time, Apple is keeping it simple: Five patents, 10 Samsung devices.
FORTUNE -- One of the things that marked the first Apple v. Samsung patent infringement trial -- and forced a partial retrial -- was its complexity. It involved:
Three kinds of patents: Design, utility and standards essential
Two kinds of trade dress: Registered and unregistered
21 Samsung devices: Both smartphones and tablets with names like Captivate, Indulge, Mesmerize and Vibrant
Three Samsung corporate MORE
Makes Greg Christie, whose name is on the slide-to-unlock patent, available to the Journal.
FORTUNE -- Apple's (AAPL) rules for dealing with reporters are pretty simple: Say absolutely nothing on the record. And if you have to say something, craft a statement that gives nothing away, then repeat it as often as necessary.
So you know something is afoot when the company allows the Wall Street Journal -- whose reporters cover Apple like a blanket and MOREPhilip Elmer-DeWitt - Mar 26, 2014 9:46 AM ET
The original $1.05 billion damage award has now been whittled down to about $930 million.
FORTUNE -- Apple wanted $380 million. Samsung said it owed no more than $52 million. On Thursday, after a six day trial and a couple days of deliberation, a jury awarded Apple (AAPL) $290 million -- about 75% of what it asked for.
So ends the partial retrial of Apple v. Samsung, the patent infringement trial that resulted MOREPhilip Elmer-DeWitt - Nov 21, 2013 4:48 PM ET
Wonder what the trial that starts today is all about? Florian Mueller has the answers.
FORTUNE -- Nobody covers high-tech patent litigation -- especially lawsuits involving Apple's (AAPL) patents -- more closely than FOSS Patents' Florian Mueller.
So it's probably appropriate that Mueller provide the definitive Q&A for the damages retrial that starts Tuesday in San Jose.
Click the links below for his full answers:
Q: Is this a patent trial?
A: Sort of. MORE
An Apple victory could result in the second largest patent infringement award in history.
FORTUNE -- If you thought that the one billion dollars a jury awarded Apple (AAPL) last year had been cut nearly in half, you may be forgiven. That's how most of the business press reported it.
What actually happened is that Judge Lucy Koh, who presided over the big Apple v. Samsung patent infringement trial last August, "vacated" $400 million MOREPhilip Elmer-DeWitt - Nov 8, 2013 8:34 AM ET
A judge can't be bothered to add Samsung's Galaxy S4 to the trial he scheduled for 2014.
FORTUNE -- U.S. Magistrate Judge Paul S. Grewal, who has been handling some of the case load created by the multiple patent infringement suits filed in California by Apple (AAPL) and Samsung, has a judicial metabolism better fit for the 19th century than 21st.
He's the judge who was assigned the task last year of scheduling Apple's MOREPhilip Elmer-DeWitt - Jun 27, 2013 1:07 PM ET
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