As a week of courtroom drama drew to a close in the Apple v. Samsung patent case, a new document surfaced showing how Samsung used Apple’s features as a measuring stick for their own development. The document was an internal analysis comparing the Samsung Behold 3 (also known as the Vibrant) to the iPhone. Some of the features that Samsung identified included things like a bouncing visual effect, the slide to unlock feature, and even the transition time when entering passwords.
It remains to be seen whether the jury will see this as an attempt to copy the iPhone’s features or as identification of capabiities and features that could be improved upon or done in a different manner.
source: The Verge
The Samsung vs Apple battle has certainly given us a fair share of courtroom drama. The latest developments has both companies releasing documents of each of their respective smartphone sales dating back since 2007 for Apple, and 2010 for Samsung. While these documents are not exactly significant in the grand scheme of things (reason that these two are battling it out in court), it’s still interesting to look at from a consumers standpoint. It is also important to keep in mind that these numbers represent sales from within the United States and doesn’t account for sales from everywhere else in the world. Samsung’s latest Galaxy S III line is also absent from these sales reports.
On Monday Apple showed an email that proved that the iPhone caused a “crisis of design” for Samsung and they showed a decent amount of evidence that Samsung’s icon designs were influenced by iOS. Apple wasn’t finished as yesterday they showed the jury a 132-page internal document from 2010 that shows that Samsung was definitely trying to design icons that resembled iOS and not only that, was trying to make the whole UI experience (TouchWiz) resemble it.
Sure the Samsung vs. Apple battle has been a serious one, but it doesn’t mean we can’t have a laugh or two about the situation. Late night host extraordinaire Conan O’Brien took some time to poke some fun at Samsung and its perceived infatuation at Apple and you gotta admit— even the most hardcore Samsung purists will chuckle and laugh at the skit. While the skit does give a chuckle or two to the average Joe, one can only hope that Judge Lucy Koh and the jurors find this funny as well.
The drama of the Apple v. Samsung court case continued today with more irritation for Judge Koh. This time it was Samsung who turned up the heat in the courtroom. Apple presented a photo of a Samsung Epic 4G Touch that shows an icon layout very similar to the iPhone layout. Samsung objected to this claiming Apple had rearranged to the icons so that the photo no longer represented the “out of the box” layout of the product.
Yesterday’s court battle between Apple and Samsung continued with Apple showing an email from J.K. Shin, Samsung’s Head of Mobile Communications. According to Apple, Samsung went through a “crisis of design” shortly before the launch of the Galaxy S in 2010. Shin’s email said:
“All this time we’ve been paying all our attention to Nokia, and concentrated our efforts on things like Folder, Bar, Slide,”
“Yet when our UX is compared to the unexpected competitor Apple’s iPhone, the difference is truly that of Heaven and Earth. It’s a crisis of design.”
I’m no lawyer, but what’s the deal with Judge Lucy Koh? First she rules that Samsung is unable to use evidence that clearly shows they were working on designs that resembled the iPhone back in 2006, and now she ruled that Samsung can’t use footage from the movie, “2001: A Space Odyssey.”
As you know “2001: A Space Odyssey” features a tablet well before the iPad was even thought of let alone designed. I assume the reason why Koh keeps refusing these exhibits is because this case isn’t about refuting Apple’s patents. It’s on whether Samsung infringed on them or not. The fact that the U.S. Patent and Trademark Office should have or shouldn’t have granted these patents is not on the table.
You have to hand it to Microsoft. As Apple fights it out with Android manufacturers, Microsoft is quietly signing licencing deals. This all started last year when they were able to grab deals with HTC, Samsung, Acer, and ViewSonic. In fact, back in October they had a total of 10 deals.
As of today that total is at 15 with the latest one involving Honeywell International, Inc. It’s based on their digital assistant called the Dolphin, which is meant for field workers with data capture being its primary use.
All 15 of these deals generate quite a bit of money for Microsoft, and since they can’t sell any phones, this really helps their bottomline.
With 15 deals, you would think there really isn’t a company left to go after, but there is one major player yet to sign anything, and that’s Motorola. Microsoft recently scored some victories here in the U.S. and Germany, but Motorola continues to fight long and hard. It really makes me wonder why Motorola’s patents were worth so much when they’re forced to defend themselves constantly. Microsoft would rather Motorola sign a deal just like everyone else in order to save on legal fees, but kudos to Motorola for not giving in.
We reported the other day that Judge Lucy Koh was a little upset that Samsung released exhibits to the media. This was done after Judge Koh ruled that they could not be used as evidence in the trial that started this week.
Yesterday, Samsung attorney John Quinn released a declaration statement as ordered by Koh. The declaration stated that Quinn did approve the release after numerous requests from the media. He also said that all documents were previously in the public record and it wasn’t intended to influence jurors,
Apple still wasn’t pleased and filed an emergency motion seeking “sanctions and other relief that may be appropriate” against Samsung for the release of said exhibits. Apple said, “This deliberate attempt to influence the trial with inadmissible evidence is both improper and unethical.” Furthermore, Apple counsel William F. Lee questioned whether requests from the media even took place. He says that press reports are saying that it was an unsolicited release and even if they were requesting it, Samsung should never have released it.
Apple could ask for a mistrial, but they won’t. “A mistrial would play directly into Samsung’s strategy of delay, and only reward Samsung’s misconduct,” they said in the filing.
It should also be noted that Samsung has been sanctioned four times in this case for discovery abuses like destroying evidence. “Litigation misconduct is apparently a part of Samsung’s litigation strategy–and limited sanctions have not deterred Samsung from such misconduct,” Lee added.
Wow this trial is getting quite entertaining. They could make a reality show out of this!!
As the Apple vs. Samsung trial got going in earnest today, it did not take long for events to take a turn for the unusual. After yet another attempt to introduce evidence regarding its F700 phone, in development months before the iPhone, Samsung decided to appeal to the media, setting off an angry reaction from Judge Lucy Koh.