Apple releases the names of its next several witnesses in trial
On Sunday, Apple did present a list of the the next several witnesses it plans on calling to the stand. Among them will be Susan Kare, a designer whose name might not be familiar to you, but her work should be. Ms. Kare is the one who designed the "Happy Mac" logo which has been around for 30 years. She is expected to testify about the design of Samsung's devices compared to Apple's three design patents used on its touchscreen phone. She also could be asked to discuss the differences in UI graphics between Samsung's smartphones and the Apple iPhone.
Justin Dennison was called to the stand and testified briefly before court recessed for the weekend. After working at Nokia, Dennison has spent the last four years as Samsung's Chief Strategy Officer. Apple is trying on Direct Examination to get Dennison to admit that Samsung managers used the iPhone as a blueprint to design its own smartphone models. Before the weekend recess, he told the jury that some design features that Samsung models and the Apple iPhone had in common were due to common sense. Rounded corners made the devices more durable, and a flat screen is cheaper to use than curved glass.
Another name on Apple's witness list is Wookyun Kho, a Samsung engineer. Based on court filings, it seems that Mr. Kho will be asked for his role in the writing of the code for the "bounce back" effect which Apple owns a utility patent for, and alleges that Samsung infringed upon.
Apple plans on calling Peter Bressler to the stand as an expert witness on design. The co-author of 73 patents, Bressler has appeared as an expert witness in 7 trials relating to utility patents and trade dress claims (sounds like a Playbill, doesn't it?). Apple will bring him on the stand to discuss the three iPhone design patents and to talk about tablet designs. What makes him an expert? Bressler was president of the Industrial Designers Society of America between 1989 to 1990, and is currently an adjunct associate professor at the University of Pennsylvania.
Russel Winer, chair of the Department of Marketing at the Stern School of Business for NYU and the author of more than 70 papers on marketing. His role is to tell the jury about the strength of Apple's trade dress and to explain that Samsung competes with Apple in similar marketing channels. Hal Poret is an expert on survey research for advertising and trademark and he will be used to introduce a survey showing that consumers associate the iPad trade dress with Apple.
Kent Van Liere would appear to be an important expert witness for Apple. With an expertise in statistics and surveys done for litigation, Van Liere is expected to show that in a survey he conducted, consumers in a post-sale environment (in other words, not in a store) were likely to believe that the Samsung GALAXY Tab 10.1 was an Apple device.
Ravin Balakrishnan, expected to testify in the upcoming week, was hired by Apple to see if the software used by Samsung violated patented software code. His deposition centered on Apple's "bounce back" patent. Finally, Karan Singh, the last name on the list, is an associate professor of computer science at the University of Toronto. Apple plans on having him testify this week that Samsung infringed on Apple patents like "tap-to-zoom," and "scroll vs. gesture."
Depending on how fast things go in the courtroom, we might not see all of these witnesses take the stand next week. If the courtroom turns into a three-ring circus like it seemed on the verge of last week, some of these witnesses might not get called. Remember, the Judge is limiting each side to 25 hours of direct testimony. We wonder if any side that goes over that time cap will be literally throttled by the court.
2. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)
This trial is fun. We've already learned intereting things about both companies.
43. jroc74 (Posts: 5270; Member since: 30 Dec 2010)
You know you have to be bad when a comment like this gets a million red thumbs....lol.
I agree with ya tho taco.
13. OHaZZaR (Posts: 131; Member since: 19 Aug 2011)
I agree, this TRAIL just got even boggier!
People make typos, stop being an asshole about it
17. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)
Right after you try to troll me for a typo you make a typo lol
41. p0rkguy (Posts: 684; Member since: 23 Nov 2010)
Actually he made the typo first and then trolled you. He deserves to be ridiculed.
5. sun0066 (Posts: 100; Member since: 12 Feb 2011)
stop this comments, this page has become a legal issues page.
45. PAPINYC (banned) (Posts: 2315; Member since: 30 Jul 2011)
My sources tell me that Steve Jobs is also slated to take the stand; all remaining 206 pieces of him, he will also wear Martha Stewart White on the stand (500 count thread).
6. PapaSmurf (Posts: 9719; Member since: 14 May 2012)
How the hell do people mistake a Galaxy Tab for an iPad? Do they not have eyes?
30. smartphone (Posts: 160; Member since: 21 Oct 2011)
Actually Apple knows its customers are stupid enough to confuse and buy others products and they are not coming back after escaping the apple only illusion.
Still the similarity can't be denied. Samsung should fire their design and legal teams both of them are useless.
7. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)
Alan on a side note you're doing a really good job covering this trial.
8. -box- (Posts: 3959; Member since: 04 Jan 2012)
Wait, a non-inflammatory comment from taco? We need a news article on that NOW!
10. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)
I think PA should give me my own column where I could post 2-3 per week
15. Ohrules (Posts: 326; Member since: 11 Jun 2012)
perhaps that'll stop you from cluttering the comments section :P
19. tedkord (Posts: 6708; Member since: 17 Jun 2009)
But then they'd have to spend all that time making sure the submitted column was really you, and not your evil spoofer twin.
42. PhoneArenaUser (Posts: 5498; Member since: 05 Aug 2011)
And there we would be able to read about "taco facts". :D
44. protozeloz (Posts: 5387; Member since: 16 Sep 2010)
hahahahahahahahahah wait wait hahahahahahahhahahaha still not done bwhahahahahahhahahah cmon dude you have better luck having a column in a comedy section plus 2 "articles" a week wont do, even tho I wont like to see any of your made up or misread facts in here. its bad enough to have you in the comets
12. fanboy1974 (Posts: 1313; Member since: 12 Nov 2011)
Even if Apple was to win they're still going to lose in the long run. iOS 6, spy pic's of the next iPhone and a 7.85 inch iPad are nothing compared to what Google and Microsoft are doing. And what's next? Sue Microsoft if Windows phone 8 takes off? Apple cannot and will not be the only game in town. Apple needs to be more aggressive in the labs instead of the court rooms.
24. cheetah2k (Posts: 1068; Member since: 16 Jan 2011)
Yeah, you're right. Apple have started to drop the ball now.
Starting to look more and more like RIM....
14. sid8911 (Posts: 54; Member since: 29 May 2010)
ok i really dont see how the galaxy tab looks like a ipad? besides the front being black
20. tedkord (Posts: 6708; Member since: 17 Jun 2009)
Well, yeah. Didn't you know Steve Jobs invented black? And rectangles? And, starting sometime next year or the following, TV.
34. anywherehome (Posts: 971; Member since: 13 Dec 2011)
TV? what is it? Will Apple manage to show us how a TV looks?
26. -box- (Posts: 3959; Member since: 04 Jan 2012)
In fairness, both do have a similar feel when held, and both having the chrome ring around the front bezel, and from a distance, with the screen off and without being able to see apple's lone button or Samsung's more lengthy landscape-based orientation and rectangular shape (16:9 versus 4:3 I think), they aren't easily distinguishable. That's one reason the Xoom is less offensive to apple from a design standpoint, because of the squashed octagonal shape. That said, the iPad, galaxy tab, and other tablets all share similar enough designs (rectangular screen, generally rectangular shape, thin enough to hold comfortably, thick enough to hold required components) and all have previously obvious and used designs 2001: ASO, Star Trek: TNG, The Hitchhikers' Guide to the Galaxy, Serenity, prior production tablets for Windows and other systems) that no one company really has anything super unique over another for generalized shape, but, like other alliances and tech, certain designs and true "trade dress" differentiate between competitors. For apple, it's large bezels and a single round home button. Period. HTC has the metal backs with multiple parts of different-color metal for prior devices, but are now on rounded polycarbonate monotone design, Motorola seems set on rectangular octagons. Nokia has its well known N9/Lumia design for its volume smartphones, the Asha series is decently well defined, and the Symbians had the not-super-thin comfortable phones with the three buttons in a row, etc etc etc. So while apple's devices may be more well known (and they are used a lot in ads and tv shows and movies for their easy-to-draw form), they aren't exactly unique nor innovative, just more popularized. The same as how a Prius is known for hybrid cars, or Jacuzzis for hot tubs with powered water jets, or Kleenex for tissues, or Band-Aids for sticky bandages, is what apple devices are to tech. Not necessarily the first, or the best, or the most desirable, let alone the most popular, just well-known
31. MartyK (Posts: 729; Member since: 11 Apr 2012)
"In fairness, both do have a similar feel when held, and both having the chrome ring around the front bezel, and from a distance, with the screen off and without being able to see apple's lone button or Samsung'"
Basic like TVs, Cars, Refrigerators, gloves, watches..etc; or like everyone calls Diapers by the name "Pampers" no matter who makes them (huggies or off brand);
referring to everyone calls all tablets Ipads.
39. JunkCreek (Posts: 406; Member since: 13 Jul 2012)
if you buy something, will you choose from a ten feet distance?
come on. the device should called a-look-like if we can't see the difference in a distance as we held the device or reader distance.
that's beyond of sight.. -sigh-...
21. Angkor (Posts: 108; Member since: 05 Jul 2012)
Judge Koh must be focusing on "Looks and Feels" don't change subject.
27. -box- (Posts: 3959; Member since: 04 Jan 2012)
Fair, but other tabs have the same GENERAL Look and feel. Thinnish, screen is most of the rectangular landscape, not particularly unbalanced, symmetrical on at least one axis, decently comfortable to hold in two hands (though for me the Galaxy Tab 8.9 and anything smaller are one-hand operation)
29. luxzy801 (Posts: 138; Member since: 16 Jun 2010)
"were likely to believe that the Samsung GALAXY Tab 10.1 was an Apple device."
Well, and I belived that the iPad was a Motion Computing device LOL!!!!!!!!!!!!!
35. Bluesky02 (Posts: 1439; Member since: 05 Dec 2011)
These are the Ammo Apple is planning to use, I hope Samsung have some nuclear bombs reserved
36. lyndon420 (Posts: 2671; Member since: 11 Jul 2012)
I hope that this trial starts a new era of how patent applications are processed. I would like to see it used in a way where you can't patent a product or effect (scroll bounces and slide to unlock etc) without submitting an actually working prototype displaying such tech or user interfaces. In addition to this, the patents should come with an expiry date (5 years for example) that invalidates the property rights if said product/tech isn't in consumers hands before the expiry date ends...thus giving other OEM's the opportunity of their own "intent to implement". I think the days of crude drawings that try to explain an idea should come to an end.