Did Apple leave out words and certain phrases written by a Samsung executive to make it appear that the Korean based manufacturer had copied the design of the Apple iPhone and Apple iPad? Samsung mobile boss J.K. Shin had certainly sent his employees a memo exhorting them on to "make something like the iPhone.” On its own, that statement certainly sounds like a smoking gun, which is what the jury heard. But what was missing from the statement as presented by Apple was the rest of Shin's statement. All he was doing was comparing Samsung's current phones with the Apple iPhone, noting that Apple's smartphone had become the industry standard
. The rest of Shin's comments, which Apple left out, included the innocent statement "when everybody (both consumers and the industry) talks about UX, they weigh it against the iPhone. The iPhone has become the standard
Nowhere in Shin's comments does it say that Samsung should copy Apple. In fact, Shin goes on to tell his designers to "make their own designs with conviction and confidence
," and to “make designs with faces that are creative and diverse
.” Furthermore, the Samsung executive reminds his team to focus on the screen as a way to differentiate itself from other manufacturers. "Our biggest asset is our screen
," said Shin "it is very important that we make screen size bigger
The jury never got to hear the full statement from Shin, only those parts that Apple wanted them to hear
. Maybe it wouldn't have mattered anyway, not based on what we subsequently learned was going on during deliberations. If Samsung does win a new trial, you can be sure that they won't make the same mistakes twice.