Apple's Schiller: "I was shocked at the appearance of the Galaxy S"; recap of week one

Apple's Schiller:
With week one of the Apple v. Samsung patent trial in the books, the big story of the first few days of proceedings is Judge Lucy Koh's low tolerance for shenanigans. The judge ended the first week by warning both sides to stop the grandstanding and the theatrics. This all came about after Samsung attorney's passed along excluded evidence to media outlets in the hopes that it would play better in the court of public opinion. The most important ruling made all week by Judge Koh would be the continued exclusion of any testimony relating to those Sony designs that former Apple designer Shin Nishibori allegedly used to create early drawings of the Apple iPhone.

The first week was a tough one for Samsung as motion after motion was shot down by the court. On the other hand, some of this seemingly was Sammy's own fault. Besides trying to pull an end-around on excluded evidence, the Korean based manufacturer was alleged to have deleted email that was supposed to be made available for the trial as evidence. Apple tried to play the instant win card, known in court as a summary judgment, which it requested as punishment for Samsung's misdoings. Judge Koh denied the motion.

There was also the whimsical in week one of the trial. The judge ordered that Samsung could not show any devices from the 1968 classic 2001: A Space Odyssey. Samsung wanted to show the jury an iPad-like tablet in the film, but the court relied on precedent that fictional characters can be used for a Prior Art defense only when the characters actions match up with the heart of the real-life case. Simply showing a fictional character using a tablet did not match what the actual issue is in the trial. The issues at hand have to do with patents, of course, and the film was excluded.

During the week, one juror was dismissed bringing the number seated down to 9. Additionally, one juror admitted reading a headline from the case on an unnamed blog. The juror told Judge Koh that the story was not read and that he would remain impartial.

On Friday. Apple submitted three pictures  that it later released to the public (see below). The photos showed the timeline of Samsung's smartphones and tablets compared with the Apple iPhone and Apple iPad, in a bid to show how Samsung "slavishly" copied the designs. Also on Friday, Apple Sr. VP Phil Schiller took the stand. He revealed that each iteration of the Apple iPhone sold more than the combined number of outstanding iPhones released before it. And contradicting previous statements, Schiller said that Apple does conduct marketing surveys and that 85% or those who bought the Apple iPhone 3GS or the Apple iPhone 4 said that appearance was important or very important to their decision to buy the phone, thus laying grounds for Apple to claim severe financial injury from Samsung's alleged copying of Apple designs.

Schiller said that he was shocked when he saw the Samsung Galaxy S and the Samsung Galaxy Tab. The executive said that he felt that Samsung was going to copy Apple's entire product line. He also called the Apple iPad "a great risk" to Apple's reputation considering that the tablet market was dead when Apple launched its tablet.

We still have a long way to go with this trial with week 2 coming up. Stay tuned.

source: TUAW, AllThingsD




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89 Comments

1. Atlas

Posts: 158; Member since: Apr 15, 2012

Why do Samsung try to drag other company's down while Apple recover useless patents to screws with everyone, I mean Dafuq?

2. disneydad

Posts: 114; Member since: Mar 26, 2012

I find it strange that the Behold II is not featured in the graphic. This was an ugly device which was one of Samsung's first forays into the world of Android. Underpowered and burdened with an ugly Touchwiz and looked nothing like the iPhone. Thankfully, they stepped up their game and released the Galaxy series.

3. sid8911

Posts: 54; Member since: May 29, 2010

spelled judge wrong in paragraph 4

8. sid8911

Posts: 54; Member since: May 29, 2010

fixed

5. BattleBrat

Posts: 1476; Member since: Oct 26, 2011

The apple iPhones.... They dont change AT ALL!!!

11. taco50

Posts: 5506; Member since: Oct 08, 2009

What does that have to do with anything?

6. sinple

Posts: 132; Member since: Nov 04, 2011

what does apple mean by copying entire product line, isnt it only 2 design? iphone 3 and iphone4

7. taco50

Posts: 5506; Member since: Oct 08, 2009

And the iPad. Samsung did their best to mimick Apple's products both in looks as well as touch wiz.

12. PapaSmurf

Posts: 10457; Member since: May 14, 2012

Don't you ever go outside? I mean seriously, you wait until someone post a comment that you can easily troll in. GO OUTSIDE.

19. tedkord

Posts: 17397; Member since: Jun 17, 2009

Its probably someone spoofing his account again *snicker*

20. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 2010

You have to admit that the 'spoofing' excuse was one of his more creative ones. Now, every time he gets called out, he has the perfect excuse - I was spoofed... Kind of how Apple's trial counsel said that Sammy was going to claim The Devil made us do it....

54. TortillaSlap

Posts: 43; Member since: Aug 05, 2012

dont you have some a job to go to? oh wait.. you dont, do you? go outside. there's this neat thing called "the sun".. its just like your room light, only it requires no electricity.

9. roscuthiii

Posts: 2383; Member since: Jul 18, 2010

Well, perception is reality. So, another viable reality to the one Apple proposes is that Samsung manufacturers a plethora a varying handset designs and builds. The more variations you have, the more likely that one will resemble another, though there are indeed differences.

10. taco50

Posts: 5506; Member since: Oct 08, 2009

Not true at all. HTC for example comes out with many phones, but they're unique in design and try to put their own spin on the interface. Android copying iOS of course is a different story.

13. PapaSmurf

Posts: 10457; Member since: May 14, 2012

Android is such a total copy of iOS I will agree. I mean, we did steal multitasking, notifications, turn-by-turn navigation, customization, and last but not least- 4G, which revolutionized the world when the 4S was released. How silly of me to forget!

15. protozeloz

Posts: 5396; Member since: Sep 16, 2010

forgot voice actions, speak to text and smartphones actually capable of predicting your next move and providing relevant info on that matter

29. Hemlocke unregistered

Voice actions? Voice control was on the iPhone before any Android phone.

35. protozeloz

Posts: 5396; Member since: Sep 16, 2010

so you could ask for directions? ask for a Google search? send text messages and call local places not on your directory? the voice commands on iOS where not even close, they where on the lines of those crappy voice commands found on Symbian phones , voice controls where so amazing on iOS they needed to buy siri, but you will pretend otherwise

55. TortillaSlap

Posts: 43; Member since: Aug 05, 2012

really? and how do you prove such a thing? Voice control was on RIM before the iphone came out. It's been on android since 1.5.

61. chadrick0814 unregistered

Thanks for playing. We have some lovely parting gifts for you, goodnight.

26. PapaSmurf

Posts: 10457; Member since: May 14, 2012

2 people don't understand sarcasm.

14. protozeloz

Posts: 5396; Member since: Sep 16, 2010

you sure you don't work at comedy central by any chance?

16. PapaSmurf

Posts: 10457; Member since: May 14, 2012

I was about to, but then was told that some female robot named Siri I got hired because she paid them for my spot.

77. joey_sfb

Posts: 6794; Member since: Mar 29, 2012

Apple sue HTC with their patents as well so what's your point?

22. CivicSi89

Posts: 349; Member since: Jul 23, 2011

I dont see anything samsung did wrong.

23. prototype

Posts: 23; Member since: Jul 06, 2012

Everyone know a devices look more or less the the same design ,Apple patent are silly sueing other base on design and feel is stupid and hurting us as a customer.

36. protozeloz

Posts: 5396; Member since: Sep 16, 2010

your screen name is really close to my name, both use proto, people may actually confuse us so I'm taking you to court, expect a mail from my lawyer

25. ibap

Posts: 867; Member since: Sep 09, 2009

You mean Apple hasn't claimed to have invented the telephone? Oh, wait - they think it was Don Ameche.

27. randomguest

Posts: 20; Member since: Jun 26, 2012

Why do they keep using images of the Galaxy S app drawer instead of the homescreen? Very deceptive.

28. sbr999

Posts: 79; Member since: Jun 05, 2012

because iOS is so limited it doesn't even have a homescreen!

* Some comments have been hidden, because they don't meet the discussions rules.

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