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Samsung copied Apple says Apple expert witness

Posted: , by Alan F.

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Samsung copied Apple says Apple expert witness
As the second week of the Apple-Samsung patent trial kicked off, Apple brought an expert witness to the stand whose testimony bolstered Apple's case. Associate University of Pennsylvania professor Peter Bressler, called by Apple to the stand as an expert witness on design, testified that the Samsung Galaxy S handset infringed on a pair of Apple's design patents. Bressler, who owns his own design firm, said that Samsung's device shared a rectangular front with the Apple iPhone along with other design features such as its transparency, black color, a display centered on the face of the phone, and a lozenge-shaped slot for the speaker.

The expert witness also ripped apart Samsung's claim that a prior patent for the design proved Prior Art. Bressler said that there were too many differences between the two patents for Samsung to make that claim. Bressler had more than a dozen different variations of the Samsung Galaxy S in front of him and told the jury that all of them infringed on the design patents held by Apple covering the design for the face of the iPhone. Bressler also testified that the Samsung GALAXY Note and the Samsung GALAXY Tab both infringed on design patents for the Apple iPad and said the biggest difference between the three devices is the color used on the back of each model.

The Samsung Galaxy S

The Samsung Galaxy S

On cross-examinaton, Samsung tried to show the differences between its products and Apple's including a raised bezel seen on some Samsung models, and the difference in the radius of Samsung phone's rounded corners compared with the devices produced by the Cupertino based tech giant. During cross, Samsung attorneys showed Bressler old design patents and had him go through the similarities to Apple's design patents. All of the models are rectangular with big screens and some have lozenge shaped earpieces. All of the models have similarly sized borders. The goal is to show the jury that there were older patents that covered the same design as the Apple iPhone.

The witness ended up telling the jury that Samsung's analysis is incorrect as he held to his premise that consumers get the same impressions looking at Apple's products and the devices from the Samsung Galaxy line. Next up will be former Apple designer Susan Kare, famous for designing the "Happy Mac" logo. Ms. Kare is expected to testify that the UI on the Apple iPhone is a unique solution to the problem of building a smartphone UI and that Samsung copied it for their own phones.

source: Forbes

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posted on 06 Aug 2012, 18:46 42

1. PapaSmurf (Posts: 10456; Member since: 14 May 2012)

The Galaxy Note infringes on iPad design patents? Are you fu--ing kidding me? You'd have to be stupid to fall for that!

posted on 06 Aug 2012, 19:12 32

12. a1000smiles4u (Posts: 84; Member since: 24 Apr 2012)

@Alan F.
change the title from expert witness to PAID WITNESS
Galaxy note infringes IPad design :o
either he was high while making the statement or Apple showed him the original NOTE with apple logo

posted on 06 Aug 2012, 19:51 12

22. andro. (Posts: 1998; Member since: 16 Sep 2011)

The galaxy note is black and rectangular thats enough for Apple. I just noticed by onyko speaker system remote control next to me is also black and rectangular and now i worry for the company as they too much clearly have copied apple!!

posted on 06 Aug 2012, 20:04 16

25. Sackboy117 (Posts: 178; Member since: 17 Oct 2011)

Alright, the Original Galaxy S Smartphone did have some similar resemblances with the Apple iPhone, but to say that the future generations of the Galaxy S line copies Apple is absurd.

It's like a grandson being punished by his grandfather's enemies 50 years later.

. . . and the UI is quite different from iOS.

posted on 06 Aug 2012, 20:21 20

30. PhoneArenaUser (Posts: 5498; Member since: 05 Aug 2011)

You see the problem is that Samsung Galaxy S doesn't pose a threat for Apple but Samsung Galaxy S III does.

posted on 06 Aug 2012, 20:59 3

39. -box- (Posts: 3991; Member since: 04 Jan 2012)

These are apple's witnesses who would be coached on what say and not to say. Samsung will have their own. This isn't anything unusual.or definitive. The cross-examination seems well done, pointing out Samsung's point on its strategy to invalidate apple's overly broad patents

posted on 06 Aug 2012, 21:11 5

43. Mxyzptlk (Posts: 12999; Member since: 21 Apr 2012)

How is that stupid? Samsung copied many of Apple's designs and patents. It was apparently enough for Google to step in and warn Samsung not to do it any further.

posted on 06 Aug 2012, 21:37 10

48. matrix_neo (Posts: 334; Member since: 03 Nov 2011)

If companies ideas and design was patented before apple steals it, apple will never reach its status today...

Don't ask what are those, you obviously knew it but so blind to accept it.

posted on 06 Aug 2012, 23:23 1

72. ardent1 (Posts: 2000; Member since: 16 Apr 2011)

Apple steals ideas, since no one can have a monoploy on ideas. There lies the defect in the android fanboy camp.

That is why we have patents -- to build better mousetraps. If The idea is a mousetrap, then anyone can file new patents on mousetraps.

posted on 07 Aug 2012, 03:21 4

83. tedkord (Posts: 11668; Member since: 17 Jun 2009)

Yes, but if the idea existed prior or is obvious, then the patent is invalid. Therein lies the defect in the iOS fanboy camp.

We now know that not only Samsung, but Sony were working on similar designs. LG already had one in the public.So not only did the rounded corner rectangle with minimal button exist prior, it was obvious evolution of the market, based on the fact that so many were already working on it.

posted on 07 Aug 2012, 19:35

103. jroc74 (Posts: 6005; Member since: 30 Dec 2010)

Thats all I needed to read.

This case is becoming a joke. Seriously.

posted on 01 Oct 2013, 10:23

118. MobileKicker (Posts: 212; Member since: 19 Sep 2013)

Smurf, samsung copied
Don't start a comment fight

posted on 06 Aug 2012, 18:47 36

2. MeoCao (unregistered)

This witness is obviously paid by Apple.

posted on 06 Aug 2012, 21:10 2

42. Mxyzptlk (Posts: 12999; Member since: 21 Apr 2012)

Nothing more than a biased claim. You can't prove anything about the witness being paid.

posted on 06 Aug 2012, 21:33 3

46. matrix_neo (Posts: 334; Member since: 03 Nov 2011)

Words speak louder than actions LOL

posted on 06 Aug 2012, 22:01 4

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

May be he was not paid but he says stupid things, how can you accuse someone on using a shape( rectangle ) and colour (black) that people has been using for thousands of years.

The US patent office is stupid to give patent for such things.
Read the case about patent of using turmeric and neem in medicine.

posted on 06 Aug 2012, 22:22 5

58. MeoCao (unregistered)

Haha, 75k up to now. Need a proof?

posted on 07 Aug 2012, 03:24 5

84. tedkord (Posts: 11668; Member since: 17 Jun 2009)

Wow, for $75G, I'll lie through my teeth and claim that I believe Samsung copied Apple.

posted on 07 Aug 2012, 07:11 1

91. Mxyzptlk (Posts: 12999; Member since: 21 Apr 2012)

Except it's not a lie.

posted on 07 Aug 2012, 07:13 1

92. Mxyzptlk (Posts: 12999; Member since: 21 Apr 2012)

You obviously know nothing about how court trials work. That doesn't prove anything other than bias against Apple.

posted on 06 Aug 2012, 21:44 10

49. -box- (Posts: 3991; Member since: 04 Jan 2012)

Per the testimony of the witness under oath, he is being paid $400 per hour for his testimony, and has so far made about $75K.

Here's a link:http://www.siliconvalley.com/ci_21230320/live-blog-apple-samsung-patent-trial-monday-830?source=most_viewed

posted on 06 Aug 2012, 23:15 4

67. willard12 (Posts: 1683; Member since: 04 Jul 2012)

Wow, too bad this minor detail didn't make it into the article. IPhone users pay a 70% markup on a 4Gless phone in order to allow apple to pay $400 an hour to a guy to say the Infuse 4g copies the iPhone.

posted on 07 Aug 2012, 19:38

104. jroc74 (Posts: 6005; Member since: 30 Dec 2010)

Damn!! $400 an hour?

What in the world does he do for a living that justifies this rate??

posted on 06 Aug 2012, 18:48 25

3. ajac09 (Posts: 1481; Member since: 30 Sep 2009)

and next tell us how much he was paid

posted on 06 Aug 2012, 18:51 35

4. Orbitman (Posts: 110; Member since: 09 Oct 2011)

they brought in an "expert" to identify a black rectangle with a centered display?

smh -__-

posted on 06 Aug 2012, 18:53 13

5. Angkor (Posts: 108; Member since: 05 Jul 2012)

Apple expert is standing on Apple side, Samsung can't win this case "looks and feels" similarity all phone makers copied Apple designed. Apple copied and patented designed from STAR TREK.

posted on 06 Aug 2012, 18:54 8

6. rockstarlive (Posts: 307; Member since: 19 Oct 2011)

But what about the Samsung, Galaxy Spica, The Behold, The pixon, The Wave, how about the GSM phones, its just too much focus on the current Galaxy phones.

posted on 06 Aug 2012, 21:57 3

50. frydaexiii (Posts: 1443; Member since: 01 Dec 2011)

Even the current Galaxy S3 is looking more like one of it's classic designs, curved, not uniformed shaped home button. The only phone that actually looks remotely like the iPhone is the first Galaxy S, other than that Apple just being whiny that people are actually buying Samsung's products instead of theirs.

posted on 06 Aug 2012, 18:54 13

7. shuaibhere (Posts: 1986; Member since: 07 Jul 2012)

is he a professor????

wat did he found unique in rectangular flat display,black colour and face centred display.....

i dono how mad he gonna make his students????
so pity of them.....

posted on 06 Aug 2012, 19:01 4

8. jaoowolabi (Posts: 201; Member since: 07 Jun 2012)

Here comes all the Butthurt!

posted on 06 Aug 2012, 19:02 9

9. EclipseGSX (Posts: 1717; Member since: 18 Oct 2011)

"consumers get the same impressions" I guess the old man can read thoughts too

posted on 06 Aug 2012, 23:21 2

70. nicholassss (Posts: 368; Member since: 10 May 2012)

I know this is probably because I am an informed consumer and not an "average" consumer. But I can tell what phone a person is using from across the room. even in a case. the only phones i cant tell apart are the same phones rebranded for other carriers.

posted on 06 Aug 2012, 19:03 9

10. SonyFTW2020 (Posts: 311; Member since: 03 May 2012)

When people see an old lebron james jersey from the cavalier days with the number 23 on it, do they think of Michael Jordan or Lebron James? Most think of Lebron because he's here now and Jordan was then.....Some are reminded of both Lebron and Jordan when they see that 23 on the back of the jersey...Does it mean Lebron James is copying Jordan and wants to be exactly like him? No it certainly does not! He is inspired by Michael Jordans legacy and therefore feels the need to carry on his jersey number...But at the same time He knows WHO HE IS! He knows that he is not Michael Jordan and he will never be him, He is Lebron James and there is only one Lebron James...So what he does is try to take all of his ablities and skills and make that number 23 shine more brightly IF POSSIBLE....Inspiration is only copying if one seeks to stay at the very same level as the thing in which it was inspired from...Samsung may have been inspired by apple BUT they are not copying them as they are seeking to be, IN EVERY WAY, better!!

posted on 06 Aug 2012, 19:08 13

11. Birds (Posts: 1157; Member since: 21 Nov 2011)

I can see the software similarities in IOS and Touchwiz but apple is pissing crisco on flames about hardware. So Apple is "essentially" saying that because Samsung has built a device that is "essentially" a rectangle, that it is "essentially" infringing on design patents? Someone break this sh!t down to me because all I see is Apple pushing their luck with unconventional and extremely unfair methods...

posted on 06 Aug 2012, 20:37 8

33. LionStone (Posts: 743; Member since: 10 Dec 2010)

Its going to be real interesting to see the UNDISPUTABLE facts that show Samsung copied apple, because so far there is only perception... which is all this person who testified is giving...his perception. He has NO hard evidence to back apples claim. He's a professor, wow...he has a design company...big deal, that in no way shows hard factual evidence beyond a shadow of a doubt. Keep reaching apple....

posted on 06 Aug 2012, 21:30 2

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

He knows way more than you about design and patents. He also has factual evidence which is the phones in question. Be prepared for a lot more testimony like this. Samsung is going to get buried at this trial.

posted on 06 Aug 2012, 22:26 6

60. Owlet (Posts: 450; Member since: 21 Feb 2011)

You're already buried under a pile of iCrappp, burrito. And we all will be if apple wins. I feel so sorry that you don't get it.

posted on 07 Aug 2012, 19:39 1

105. jroc74 (Posts: 6005; Member since: 30 Dec 2010)

Yea....Samsung will be buried....

By lies, biased ppl and pettiness.

Congrats for supporting that.... :/

posted on 06 Aug 2012, 19:17 11

13. wendygarett (unregistered)

Huh? Then that mean ios is copying Palm and RIM as well...

posted on 07 Aug 2012, 03:29 1

85. tedkord (Posts: 11668; Member since: 17 Jun 2009)

Well, of course they are. Apple are one of the biggest thieves in the industry. They even steal from their own users (wireless sync), and don't even bother to change the app icon.

posted on 06 Aug 2012, 19:23 4

14. TortillaSlap (Posts: 43; Member since: 05 Aug 2012)

OK, seriously. I used to be a Penn State fan, but they are in controversy after controversy. From getting caught faking global warming data to the Sandusky scandal/trial, having a person from Penn State on your side might not be the best thing right now.

So, what this "expert witness" is saying is that if its black, a rectangle, with a centered screen.. then apple owns it. Riiiiiiiiiiiiight. You know, because that doesnt describe 98% of all the touch screen smart phone. And samsung shows him all their "pre iphone" designs and phones for sale that show similar cues.. yet they all belong to apple too huh? lol

Next up.. Santa Claus saying he delivered the idea of the iphone to SJ personally and those evil Samsung people put a tracking device on his sleigh..

posted on 06 Aug 2012, 19:29 4

15. MartyK (Posts: 816; Member since: 11 Apr 2012)

@Alan F,

A.F. you did not put in Charles V (Samaung atty) cross examination in your article!!..can you please put the exchange between Charles V and Bressler.

Samsung lawyers: using Apple designer Stringer's testimony from last week as cudgel against Bressler..

Alan F, if you like I can post, a tweet (from someone who was in the courtroom); if that will help .

posted on 06 Aug 2012, 19:30 4

16. MartyK (Posts: 816; Member since: 11 Apr 2012)

Bressler: "you're asking me to compare peanut butter to turkey."

Well, Charles V. asks, which one (iPhone design or Samsung design) is peanut butter and which one is turkey...Bressler confesses he's getting frustrated with Samsung's line of questioning because he believe it distorts how you evaluate patent similarities..

posted on 06 Aug 2012, 19:32 7

17. MartyK (Posts: 816; Member since: 11 Apr 2012)

Go here to read the full trial blog


posted on 06 Aug 2012, 19:35 5

18. PhoneArenaUser (Posts: 5498; Member since: 05 Aug 2011)

Thank you for the link. :)

posted on 06 Aug 2012, 20:14 6

27. lyndon420 (Posts: 4375; Member since: 11 Jul 2012)

Did you get permission from apple before choosing your avatar? Are all phone booths in trouble now?

posted on 06 Aug 2012, 20:17 5

29. PhoneArenaUser (Posts: 5498; Member since: 05 Aug 2011)

Shush! Don't talk so loud, Apple may hear you! >:(

posted on 07 Aug 2012, 19:41

106. jroc74 (Posts: 6005; Member since: 30 Dec 2010)

Dont worry, it doesnt have a green background. He's safe. Apple must have a patent for phones with green backgrounds.

posted on 06 Aug 2012, 21:00 5

40. Aeires (unregistered)

What a joke of a trial. Thanks for the link.

posted on 06 Aug 2012, 23:46 1

76. nicholassss (Posts: 368; Member since: 10 May 2012)

"So, Charles V. asks, all these different buttons on Samsung phone, such as search key, home key, back key, camera holes, etc, you didn't consider those in evaluating design patents? Bressler says not relevant to overall design look."

I'm no designer but as a consumer I think buttons change look and feel more than an effing bezel does.

thanks for link btw

posted on 06 Aug 2012, 19:36 7

19. poojaroy (Posts: 52; Member since: 29 Apr 2012)

the old man is a retard he s saying all samsung galaxy line phone has copied lol haaaaaaa ...i guess not a single.samsung should call me in the court as a expert witness i ll show the old man n rotten apple that the rectangle design phones are living frome 10 to 20yrs back when steve job himself was using those phones when he was young haaaaaaaaaaaaaaaa lol

posted on 06 Aug 2012, 19:42 2

20. PhoneArenaUser (Posts: 5498; Member since: 05 Aug 2011)

LOL! :D That's was funny. :D

posted on 06 Aug 2012, 19:46 7

21. andro. (Posts: 1998; Member since: 16 Sep 2011)

So lets get this straight,this guy is saying the evidence that samsung copied is that the phones are black,rectangular,have a screen on the front and a speaker piece shaped above the screen,not only those this sound like dozens of samung phones before the iphone it also describe 80% of the phones currently on the market.

Some day hollywood will make a blockbuster comedy about apple in these times,
What comedians would portray the Apple ceos and management,which comedian would get the honour of protrays Steve Jobs secret angry outbursts at android?!
Following its massive success Apple would start sueing hollywood executives.

posted on 06 Aug 2012, 22:25 3

59. mrbtree98 (Posts: 50; Member since: 04 Aug 2012)

so my lg optimus black infringes on some ridiculous patents and yet lg is not getting sued by apple. from day 1 we all knew that apple would go after samsung because they make some of the best smartphones. prime example is the galaxy s3, sold over 10 million units in just over a month. the galaxy note sold 7 million + in about 5 or 6 months. and i've seen both side by side to an iphone 4 and i can see some resemblance between the phones but the speaker placement, physical and capacitive buttons, etc don't look anything and feel anything like the iphone 4's

posted on 06 Aug 2012, 19:55 2

23. CRICKETownz (Posts: 980; Member since: 24 Oct 2009)

let's be honest...Sammy, in its early Galaxy S stages, has tried to cop iPhone's style at least cosmetically. Android fans won't admit it even with clear evidence (i.e. look at the picture above - it looks like an f'n iPhone). i can't tell you how many times a customer has thought the Fascinate was an iPhone. I think they have since moved on into their own identity, but yes their Galaxy line started off looking kind of iPhone'ish. as far as the patent argument goes, it started off & yet remains to be ridiculous - from every angle.

posted on 06 Aug 2012, 20:51 3

35. LionStone (Posts: 743; Member since: 10 Dec 2010)

That is not clear evidence, that's called perception. Heck I've had people think my Thunderbolt was an iphone!?Just blame apples wonderful marketing schemes...so now people think everything is an I pHone or all tablets are ipads.

posted on 06 Aug 2012, 22:02 3

53. -box- (Posts: 3991; Member since: 04 Jan 2012)

The Galaxy S series were evolutions of previous Samsung designs. It's possible but unlikely they may have been riding on the coattails of apple's limited success by continuing their own design trends which apple was sharing (and, as we know, apple didn't have a definitive style of their own until late in the game, maybe after Samsung was selling symmetrical rectangular phones with rounded corners dominated by a sizeable touchscreen). Apple's patents are bogus are and took advantage of lax patent rules.

posted on 06 Aug 2012, 22:04 2

54. frydaexiii (Posts: 1443; Member since: 01 Dec 2011)

Yeah, they thought the Fascinate was an iPhone at first, but did they buy it thinking it was an iPhone? Or buy it just because it looked like one?

I don't know about other people, but I'd rather buy and use a bag with no brand but with an original design rather than a branded replica imitation. Same with phones, why would people buy the knockoff when you can buy the original that is sold right at the same place?

What Apple is griping over now is that they are losing sales because Samsung copied their design, so people are buying Samsung phones thinking they're iProducts or buying it because it looks like an iProduct.

posted on 07 Aug 2012, 00:12 2

79. lyndon420 (Posts: 4375; Member since: 11 Jul 2012)

I'm more inclined to believe that Samsung sold as much as they did because they put out many different phones to as many carriers as they could in a short time....and kept it affordable. The notion of people buying their devices under a haze of confusion just doesn't make sense...unless you are implying the majority of us consumers are retarded?

posted on 07 Aug 2012, 23:43

110. jroc74 (Posts: 6005; Member since: 30 Dec 2010)

This I can believe. Samsung has the most Android phones out on the 4 major carriers.

Then they do WP phones too?

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