Apple counterstrikes with a 2005 "Purple" phone prototype, moves to dismiss the Sony-Jony design as evidence

Apple counterstrikes with a 2005 "Purple" phone prototype, moves to dismiss the Sony-Jony design as evidence
The early filings in preparation for today's trial between Apple and Samsung showed the Koreans are building a theory that the initial iPhone design is inspired by a Sony designer daydreamings and concepts. The ideas were so compelling for Apple's industrial designer Shin Nishibori, that he put together a drawing and a mockup clearly labeled Sony, to reveal the source of his inspiration, and then Jony, as a tribute to Apple's chief designer Sir Jony Ive.

Now Cupertino quickly sensed the threat in those allegations, and is counteracting with a motion in support of dismissing the Sony-Jony prototype as evidence, chiefly based on the fact that Apple already had a design prototype, called "Purple", way back in August 2005, whereas Nishibory's work from March 2006 was portrayed as simply an "enjoyable side project". Apple argues in the court filing:

We learned yesterday that Shin Nishibori has seemingly quit Apple this month, doesn't want to testify for Samsung, and, according to his lawyers, is recovering from a health problem in Hawaii. It is not the first time Nishibori is dodging deposition as a Samsung-summoned witness - the Koreans had to show the court some of his tweets about work trips and 10K marathons participation to fight the claim that he is on a leave of absence and can't testify. The plot thickens and today all eyes will be on San Jose's District Court for the start of tech trial of the century.

source: Apple court motion (PDF) via TheVerge

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51 Comments

52. chester1

Posts: 5; Member since: Mar 22, 2012

I am still just amazed how people think this lawsuit is good for us as consumers. We all suffer from this. Expenses are higher due to lawyer fees, innovation costs are higher due to patent engineers required to inspect everything so as to avoide bing sued, innovation is slower and competition is stifled. We are all worse off here, so why argue over it. The only people who win are the shareholders of the winning company and the lawyers.

44. joseg81

Posts: 204; Member since: Jul 15, 2011

my only question is from the quote and the "purple" design dated 2005 they're describing the iphone 4 which they didn't implement until 2010. with that said why did they take a step back and release the original iphone which tbh doesn't sound like the description or look like the "purple" picture. "a band running around the midpoint of its body" is the clincher for me. sounds like the antennae that had all those issues when the iphone 4 release. or am i the only one that sees this?

38. MorePhonesThanNeeded

Posts: 645; Member since: Oct 23, 2011

Why is it Apple keeps coming up with old photos of prototypes all of a sudden? Seems like these guys might be good at doctoring photos and pulling things out of their asses. Just looking at that Sony phone and the iPhone you can see the resemblances and not even that dodgy looking "purple" photo will be enough to get Apple out of this bs lawsuit. These guys steal from everyone and then want to complain when others do the same to them. Incredible, talk about foot in mouth disease. Lol, Apple should lose this case...Judge shouldn't throw it out. But make an example out of this, Apple are blatant liars. "Other firms should come up with their own designs and tech and not steal ours..." what crap coming from the crown prince of thievery. I truly hope that samsung wins this case bar none. These pompous jerks need to be brought down a peg for their proud attitude, claiming to be righteous and virtuous but really a stinking bag of lying filth.

28. Jabarkas unregistered

Oh, I got a "bad comment" for being right. I feel like Giordano Bruno. Fortunately for me I will not be tied to an iStake and iBurned to death. :) I really don't understand, why should a customer supports Apple in these trials. If Apple would win and (let's say) ban Galaxy S3, it will seriously damage the competition on the market and thus the customer. I'm not denying btw, that iPhone changed market for the better or even that some Samsung models took heavy inspiration from Apple. I just don't thing, that Samsung truly coppied anything. What they did seems really "normal" to me.

2. JC557

Posts: 1927; Member since: Dec 07, 2011

Oh yeah??? http://www.schoolhousemuseum.org.au/Web%20Albums/Objects/slateboardandslatepencil.html http://www.sonyclie.org/images/newer/sl10.jpg I've owned the Sony P800 smartphone back in 2003/ 2004 after wishing my Viewsonic PDA had cellular internet connection instead of connecting it to my Motorola T720 through IR or cable. The Sony P900 is it's successor and shows that a lot of today's phones are just evolutionary due to people wanting to do more with their gadgets (like I did). I've also owned the Sony Clie NX-80 which had an awesome camera software.

5. E.N.

Posts: 2610; Member since: Jan 25, 2009

and...?

6. taco50

Posts: 5506; Member since: Oct 08, 2009

He has no point. This will be fandroids new talking point. They will ignore the fact that Apple has prototypes from before Sony and keep repeating that Apple ripped off Sony regardless of any evidence and reality. Just like they refuse to admit Apple revolutionized smartphones and android uses all the features Apple brought to market like pinch to zoom, multitouch, webkit browser etc. According to them Apple deserves zero credit for that because someone else would have done it anyway.

7. SonyFTW2020

Posts: 311; Member since: May 03, 2012

welp whoever is right it will show, because whatever goes on in the dark must come to the light....lol just be careful you dont have to eat any of your words...

11. Jabarkas unregistered

I though, that this is an article about design. But if you are talking about the whole "iphone revolution", than you might look at this:http://en.wikipedia.org/wiki/LG_Prada_(KE850) P.S. Sorry for the double-post.

16. taco50

Posts: 5506; Member since: Oct 08, 2009

Thanks for posting a link to an irrelevant phone that no one remembers. Prada doesn't even belong in the same conversation as iPhone.

22. tedkord

Posts: 17532; Member since: Jun 17, 2009

Except that it clearly uses the same design cues Apple now claims others from from them. Meaning they existed before Apple, and Apple has no legitimate claim to them.

23. Jabarkas unregistered

It's not just about the design. It was also the first smartphone with capacitive (mulit-)touchscreen. The señor up there wrote, that apple came with that feature.

24. frydaexiii

Posts: 1476; Member since: Dec 01, 2011

Guys, the troll has finally been let out of it's cage and is hungry, please don't feed it...

33. andro.

Posts: 1999; Member since: Sep 16, 2011

25. JC557

Posts: 1927; Member since: Dec 07, 2011

I guess those idiots missed the evolutionary part of what I've said.

45. gwuhua1984

Posts: 1237; Member since: Mar 06, 2012

It proves a point that the rectangular design and touchscreen is really not a revolution from Apple. Of course, taco is in denial again... It's expected.

29. Crossblade

Posts: 224; Member since: Apr 21, 2005

Prada was announced AFTER the OG iPhone.

30. Jabarkas unregistered

In the wikipedia article they are writing, that the phone won a prize for design in september 2006 and that they were even thinking about suing Apple. If you have other source which would back up you opinion, please provide it, so everyone could read it.

31. Berzerk000

Posts: 4275; Member since: Jun 26, 2011

No it wasn't... The Prada was announced December 12, 2006. The iPhone was announced January 9, 2007.

37. remixfa

Posts: 14605; Member since: Dec 19, 2008

If i remember correctly, the Prada was announced first by a good margin, but dropped in for sale after the iphone. Wow, havent seen you commenting in quite a while. :)

40. taco50

Posts: 5506; Member since: Oct 08, 2009

Prada was announced after the iPhone

43. remixfa

Posts: 14605; Member since: Dec 19, 2008

actually it wasnt Dec 12, 2006 comes before Jan 9, 2007.. unless time is running backwards. And if you go by when they submitted to iF for their design award, your talking well BEFORE sept 2006. "It was the first mobile phone with a capacitive touchscreen" Rounded corners, centered screen, capacitive interface, minimalist... sound like another phone you love so much? "Woo-Young Kwak, head of LG Mobile Handset R&D Center, said at a press conference, “We consider that Apple copied the Prada phone after the design was unveiled when it was presented in the iF Design Award and won the prize in September 2006" Awards International Forum Design—Product Design Award for 2007 [1] Red dot design award—LG Prada Wins "Best of the Best" red dot Design Award, 2007 [2][3] Fashion phone of the year—Mobile Choice (2007) [4] Best fashion phone—What Mobile Awards (2007) [5] Gold for best looking phone—CNET Asia Readers' Choice Award (2007/08) [6] http://en.wikipedia.org/wiki/LG_Prada http://en.wikipedia.org/wiki/IPhone

46. gwuhua1984

Posts: 1237; Member since: Mar 06, 2012

Welcome to taco world... where the world is filled with carne asada, time goes backwards, Apple grows from Foxconn, the US president was Steve Jobs and now Tim Cook.

42. tedkord

Posts: 17532; Member since: Jun 17, 2009

Prada design was released a full year before the iPhone. It won an award for its innovative design a full year before the original iPhone. It was clearly an inspiration for the iPhone.

1. taco50

Posts: 5506; Member since: Oct 08, 2009

Apple has this in the bag. All the evidence is coming out and the guilty party is clear ( Samsung)

3. wendygarett unregistered

I'm sorry to say this taco... From the way it looks I say 4 of the above looks identical... So you cant say its guilty...

32. ardent1

Posts: 2000; Member since: Apr 16, 2011

wendy, if you really believe all 4 devices look identical, then you should make an appointment with your eye-doctor.

35. remixfa

Posts: 14605; Member since: Dec 19, 2008

other than button placement on the sony original design, those are extremely identical. maybe you iNuts should take off your fruit glasses and have a look-see. hmm? I've always wondered why you are such a fanboy ardent. You dont even have an iphone. You have a cheap POS on a cheap prepaid carrier. Do you daydream about the day you get to own an iphone? What is it that keeps you going? geesh.

47. ardent1

Posts: 2000; Member since: Apr 16, 2011

> other than button placement on the sony original design, those are extremely identical. remix, do you know why you are the resident village idiot of PA? If there is a difference, then the two items are not identical, they are similar. Identical means "similar or alike in every way" (soure:http://dictionary.reference.com/browse/identical) In English, identical means the items are clones of each other -- the Nishibori prototype is "SIMILAR" but not "IDENTICAL" to the first two prototypes. remix, I am not responsible if you have a sixth-grade understanding of English.

50. remixfa

Posts: 14605; Member since: Dec 19, 2008

aww.. da poor wittle guy doesnt like being called out eh? aww. "other than" ; with exception to/ not including. "other than button placement on the sony original design, those are extremely identical" or "with exception to the button placement on the sony original design, those are extremely similar or alike in every way". Id say my original statement fits ,and you sir are the RVI you keep talking about.

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