The patent war wages on. And yesterday Apple launched its attack on Samsung, with representative Harold McElhinny painting Apple as the plucky underdog, laying its life on the line with the release of the iPhone.

The trial, taking place in San Jose, will determine whether or not the companies have been infringing each others patents and designs. In his opening remarks, McElhinny said:

‘Apple had absolutely no name in the field, no credibility. [The iPhone] was an entry that – had it gone bad – could have ended the company’s future… On January 9, 2007 when Steve Jobs and Phil Schiller went through that presentation, they were literally betting their company”

He went on to tell the Jury that when Samsung entered the game, they had two choices, they could innovate, or they could copy. He claims that Samsung copied the entire design and user experience of the iPhone

Scenes in the courtroom

In their defence, Samsung asserted that there has always been a basic form factor for phones, and that all companies use a similar design to satisfy the wants of consumers using devices for music, media and photographs.

“Samsung is not some copyist, some Johnny-come-lately doing knockoffs”

The trial will resume on Friday. Apple are demanding a payout of $2.5 billion in damages, which, if accepted, will be the largest patent payout in history.