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Key witness in Apple-Samsung trial leaves Apple, doesn't want to testify

Posted: , by Alan F.

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Key witness in Apple-Samsung trial leaves Apple, doesn't want to testify
Last week, we told you how early designs for the Apple iPhone in 2006 were based on a Bloomberg article about the designs of Sony's mobile devices. Samsung says that the article was passed directly to Apple CEO Steve Jobs and designer Jonathan Ive and sketches made by Apple became the starting point for the OG Apple iPhone. The Apple employee who took the Bloomberg article and turned it into the sketches cited by Samsung was Shin Nishibori. Nishibori no longer works for Apple and with that in mind, he believes that he does not need to testify and says through his attorney, that he will not appear in court. The letter claims that the subpoena to Shin Nishibori was not properly served.

The letter telling the court that Nishibori will not testify in court

The letter telling the court that Nishibori will not testify in court

In a letter to the court dated Sunday, Nishibori's attorney said his client no longer is employed by Apple and is in Hawaii trying to recover from a health issue. The Industrial Designer has also updated his LinkedIn page to account for his leaving Apple. The Cupertino based firm is listed among Nishibori's past employers and shows him leaving the company this month after a ten year career at the tech titan.

Samsung claims that Nishibori's drawings show that Apple was influenced by Sony when making the Apple iPhone designs that Samsung is accused of copying with its Galaxy line of handsets and tablets. Nishibori has been listed on Samsung's witness list and in the past the Korean manufacturer has had some trouble finding him. In a previous filing with the court, Samsung said that Apple refused to make the Industrial Designer available claiming that he was on a leave of absence. After showing the court some tweets made by Nishibori relating to world travel and running 10K races, the Korean based manufacturer took his deposition this past May.

Key witness in Apple-Samsung trial leaves Apple, doesn't want to testify
Samsung wants to show the court that Apple did not own the design that it claims Samsung stole from them. By calling Nishibori to the stand, Sammy's attorneys can try to show that the former Apple employee got his idea for the original iPhone design sketches from Sony. This could mean that Apple might not have a legal standing in the case. Without his testimony, Samsung's job gets a little harder. The trial opens Monday with jury selection.

source: AllThingsD

45 Comments
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posted on 30 Jul 2012, 00:36 22

1. mukrenol (Posts: 90; Member since: 03 Sep 2011)


Apple is doing everything to prevent the witness to take the stands...

posted on 30 Jul 2012, 03:56 5

22. smartphone (Posts: 160; Member since: 21 Oct 2011)


Its a conspiracy by apple
They paid him nice and made him quit to appear fair in trails.
Its shameful for Apple to admit the award winning design is stolen.

Apple can never play fair in either trails or competition.

posted on 30 Jul 2012, 11:41

31. darkkjedii (Posts: 11211; Member since: 05 Feb 2011)


Man shutup

posted on 30 Jul 2012, 05:40

24. anywherehome (Posts: 971; Member since: 13 Dec 2011)


please, tell everyone who has an Apple device "it comes from rotten company".......it is important to show what is rotten and what do not support
https://sites.google com/site/corpsins/

posted on 30 Jul 2012, 07:27 2

27. PAPINYC (Posts: 2278; Member since: 30 Jul 2011)


iHope he gets iSubpoenad, the last thing anyone wants on this is an iHung Jury.

posted on 30 Jul 2012, 17:43

43. Phullofphil (Posts: 801; Member since: 10 Feb 2009)


well for one thing what the heck was Sony thinking. I still think they don't fully grasp the market yet but what can you do know. Its either jump on android or hope on windows phone 8.
. I think it was members of led zeplin that said it best when they said every one of there songs where not there idea. They were techniques and ideas takin from there influences with music. Then put together in there own way to make music history and musicians do the Sam with there music. Ifs past down.
of course if you get down to brass tacks all the designs came from previous influences but what apple did with it is like zeplin did for rock and roll. They re wrote it. If apple did not come out with the iphone I think we would be five years back in tech or at the very liest no where near the quad core monsters we se today with tablets and phones. I personally think Samsung did copy not only apples phone but there business mode to a point. But really its a rectangle screen in a rectangle body. There is no others conclusion you can come to when designing a touch screen phone. It can really go no other way unless you add a keyboard. I really think apple probably coppied a little from Sony but I also think that the iphone was made as soon as the technology was available to do so and that shape is really the only conclusion you can get for a all touch screen phone. I am sure apple got ideas from other areas also but it was pretty original in all aspects from hardware to software and materials used.
I own a galaxy nexus and a galaxy s 3. One of my first smartphones was a Samsung omnia and I loved it. I do believe Samsung took ideas a little but like I said that shape should not be slowed to be patterned because its really the only shape you can get. Besides that I have both an iphone and these phones and they couldn't be more different as far as user experience goes. That goes to the credit of google more than anybody. A personal assistant app has been around before siri .
I guess I can go on for ever with my reasons why there should be know lawsuites in either way and let the consumer be the one rewarded with continued inovation from rivelry . But i n a side note if apple would stop exploiting foreign workers to save a couple dollars and start supporting our people in America and building the iphone here since we have the skilled workers I would gladly support them a lot more. They are a sudo American company and are making way too much profit not to support our country. We should tax the crap on them so they have to build here. Atliest freaking Mexico.

posted on 30 Jul 2012, 00:38 13

2. roscuthiii (Posts: 1797; Member since: 18 Jul 2010)


Oh no, that's not suspect at all...

posted on 30 Jul 2012, 00:46 1

5. SonyFTW2020 (Posts: 305; Member since: 03 May 2012)


hahahahah

posted on 30 Jul 2012, 00:41 7

3. ilia1986 (unregistered)


I just want everything to be over already!! I'm tired of this BS.

posted on 30 Jul 2012, 11:42

32. darkkjedii (Posts: 11211; Member since: 05 Feb 2011)


Now that's a post I agree with. No jabs jus truth

posted on 30 Jul 2012, 00:46 7

4. Sniggly (Posts: 6998; Member since: 05 Dec 2009)


He's recovering from health issues? Yeah, 9 mm health issues...

posted on 30 Jul 2012, 00:50 8

6. SonyFTW2020 (Posts: 305; Member since: 03 May 2012)


This is getting really interesting...It sounds like something is going to be uncovered on Apple and Samsung may be the winner in the court room.....All in all Sony is going to get the praise for originality when its all said and done...SonyFTW

posted on 30 Jul 2012, 01:23 6

8. Droid_X_Doug (Posts: 5750; Member since: 22 Dec 2010)


As I said in a previous thread, this is going to be great PR for Sony - the inventor of the original iPhone.

As far as Nishibori testifying, Meh. If the deposition was properly taken (as in video recorded), the attorneys for Sammy just play the tape of the part(s) they want to show to the jury. What is the saying - a picture is worth a thousand words? Well, with video depositions, they have pictures with the witness actually speaking the words.

posted on 30 Jul 2012, 01:36 3

9. SonyFTW2020 (Posts: 305; Member since: 03 May 2012)


hahahah a picture is worth a thousand words..... but a video! LOL

posted on 30 Jul 2012, 11:43

33. darkkjedii (Posts: 11211; Member since: 05 Feb 2011)


And apple is the inventor of android

posted on 30 Jul 2012, 00:51 3

7. Mark.J.Linskiy (unregistered)


Judge Koh, really now? This is just ridiculous, as we all know this isn't the correct judge for the case.

posted on 30 Jul 2012, 01:53 2

10. lyndon420 (Posts: 1735; Member since: 11 Jul 2012)


I'm interested in what this guy would have to say.

posted on 30 Jul 2012, 02:11 3

11. Droid_X_Doug (Posts: 5750; Member since: 22 Dec 2010)


That he used the Sony prototype and Sammy phone (F700?) as inspiration for the drawings he made of the iPhone design?

posted on 30 Jul 2012, 02:17 1

12. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


Good news for Apple. From all the evidence that's coming out Samsung is in a lot of trouble. They could be looking at billions in losses and worldwide bans. It's sad that Samsung continues to blatantly copy Apple in the face of these lawsuits.

posted on 30 Jul 2012, 02:20 8

14. jroc74 (Posts: 4732; Member since: 30 Dec 2010)


This response was funny. Its almost like the ramblings of a mad man....

A key witness doesnt wanna testify ....FOR APPLE...he just left Apple this month...

And this is good for them?

I'm no judge nor am I on the jury.....but it would have the wheels turning in my head....

posted on 30 Jul 2012, 02:35 8

16. Droid_X_Doug (Posts: 5750; Member since: 22 Dec 2010)


Our little taco has developed almost a knee-jerk response to anything Apple. If Apple were to lose this litigation, taco's response would likely be that the case got stream-lined for the appeal.

posted on 30 Jul 2012, 02:45 4

19. jroc74 (Posts: 4732; Member since: 30 Dec 2010)


And I forgot to mention.....he drops the obligatory "copy Apple" phrase.....

I might begin to wonder if he really is a bot...

posted on 30 Jul 2012, 02:50 2

20. jalva30 (Posts: 14; Member since: 07 Jul 2012)


Yea taco does have a response to everything! Sammy should win, and if apple some how does, it wouldn't be right. They can't just look at who has what patents, because obviously, by reading this artical, some of apples patents don't belong to them, they are just patenting everything that Nokia Sony and Samsung didnt patent. Becuase they don't care it's free enterprise. If Sony Samsung and Nokia patent everything they made apple wouldn't have been able to make a phone,

posted on 30 Jul 2012, 13:23

41. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


And your response to Samsung and android losing is that the judge is bribed. Samsung has lost cases in Germany, Australia and the US now. When will you admit Samsung has copied?

posted on 30 Jul 2012, 02:36 1

17. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


This will be a really easy win for Apple. All the evidence is on their side.

posted on 30 Jul 2012, 03:10 4

21. Droid_X_Doug (Posts: 5750; Member since: 22 Dec 2010)


If so, why didn't Apple move for summary judgement? Because even they had to concede all the evidence was not on their side.

posted on 30 Jul 2012, 13:05 1

38. iami67 (Posts: 318; Member since: 18 Oct 2011)


Taco what evidence are you looking at. Obviously not the evidence that they show in this article. Id like to know where you get your info from.

posted on 30 Jul 2012, 13:13

40. metoyou (Posts: 277; Member since: 19 Oct 2011)


Do you know how SJ dead? cuz you sucks too much juice out of him taco!

posted on 30 Jul 2012, 02:25 3

15. jaafar2k (Posts: 17; Member since: 14 Oct 2011)


Come out of you're dreams taco

posted on 30 Jul 2012, 02:18 1

13. jroc74 (Posts: 4732; Member since: 30 Dec 2010)


Duh Duh DUHNNN!!!

The plot thickens.....

Yea...someone said it the other day....this is gonna be one interesting case..

posted on 30 Jul 2012, 02:39 3

18. jalva30 (Posts: 14; Member since: 07 Jul 2012)


I just can't stand apple anymore they are the only ones that have to patent little thing!! The technology should be for the constumers and should be able to be built on not patent, especially coming from an America company. If every company patent every idea there wouldn't be many phone manufactures. It's only apple and its going to force others into patenting everything from being afraid of being sued. Also it's funny that it's only the galaxy s phone and tablet line. Aka iPhone and iPad's biggest competition. Come on there are only so many designs you can do with the "candy bar" touch screen design. There isn't much you can do, your bound to get some that look the same. Buttthere is NO way any galaxy looks like the iPhone.! There are others that look more like the iPhone but since they aren't competition to apple they aren't sueing them

posted on 30 Jul 2012, 13:13

39. iami67 (Posts: 318; Member since: 18 Oct 2011)


Serious the Iphone only has one button on the bottom. The galaxy has one button and two little ones its totally different lol. Its like when vanilla ice was getting sued by Queen for copyright and Vanilla Ice was like " No man its totally different Queen's song goes. da da da duh dun.... mine goes da da da duh dun teh...... Hear the difference its totally a different song." Same thing in this case its totally different lol

posted on 30 Jul 2012, 04:36

23. mukrenol (Posts: 90; Member since: 03 Sep 2011)


Another thing I am wondering about is why Sony is not involve?

posted on 30 Jul 2012, 06:13 1

25. ibap (Posts: 695; Member since: 09 Sep 2009)


Why does this have all the flavor of that 'lost' prototype iPhone?

posted on 30 Jul 2012, 07:04

26. Aeires (unregistered)


Why do I get the feeling this entire case is going to get thrown out.

posted on 30 Jul 2012, 09:53

28. ez31k (Posts: 42; Member since: 10 Jan 2012)


I'm surprised they haven't wacked Shin Nishibori.... Yet.....

posted on 30 Jul 2012, 09:55

29. Hammerfest (Posts: 369; Member since: 12 May 2012)


This doesnt reak of bulls**t or anything... no... totally legit...

Judge Koh first, now this guys... Samsung needs to start paying out more, fight bribes with bribes, Apple plays the judicial game like a pro, id even bet the jury is paid off as well.

posted on 30 Jul 2012, 09:59

30. remixfa (Posts: 13903; Member since: 19 Dec 2008)


wow, what a coincidence that the man that drew the original iphone sketches.. a long time apple employee.. just happens to quit/retire in the last 30 days.. right before all the evidence of apple's copying gets dropped to the media, then goes and says he's got "health issues".

aka, if he talks, the apple gestapo gets him. What bull crap. What kind of idiot still thinks apple has a legal leg to stand on after all of these little circus acts? A juror would have to be brain dead not to connect the dots.

posted on 30 Jul 2012, 12:59

34. metoyou (Posts: 277; Member since: 19 Oct 2011)


Who the Fxxk grant the square design to rotten rapple at ipatent office must be shot dead. case closed!

posted on 30 Jul 2012, 12:59

35. taz89 (Posts: 2014; Member since: 03 May 2011)


Lol this just says it all

posted on 30 Jul 2012, 13:00

36. iami67 (Posts: 318; Member since: 18 Oct 2011)


I wonder how much Apple is paying him off not to come to the stands. Friggin apple

posted on 30 Jul 2012, 13:02

37. metoyou (Posts: 277; Member since: 19 Oct 2011)


C a p p l e (insert R between C and A) is a banned word? iphonearena :)

posted on 30 Jul 2012, 14:02

42. joseg81 (Posts: 165; Member since: 15 Jul 2011)


this all sounds fishy like one of those bad mob stories....nishibori is prolly "sleeping with the fishes" out in hawai'i lol

posted on 31 Jul 2012, 14:29

44. alannyny (Posts: 18; Member since: 27 Jun 2012)


I bet if Nishibori tries to sing like a canary, Apple will send one of its shadowy operatives to Hawaii and have him rubbed out. He'll be found in a smoki tiki lounge on the seedy side of Honolulu. So sad, another re-designer lost.

posted on 31 Jul 2012, 14:31

45. alannyny (Posts: 18; Member since: 27 Jun 2012)


Oh, just noticed joseg81 posted pretty much the same thing, right before me, an entire day earlier. Sorry, joseg81!

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