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

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Apple counterstrikes with a 2005
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:

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