Certain evidence in Apple-Samsung case was skewed toward Apple

Certain evidence in Apple-Samsung case was skewed toward Apple
Did Samsung copy Apple's design?

Did Samsung copy Apple's design?

Did Apple leave out words and certain phrases written by a Samsung executive to make it appear that the Korean based manufacturer had copied the design of the Apple iPhone and Apple iPad? Samsung mobile boss J.K. Shin had certainly sent his employees a memo exhorting them on to "make something like the iPhone.” On its own, that statement certainly sounds like a smoking gun, which is what the jury heard. But what was missing from the statement as presented by Apple was the rest of Shin's statement. All he was doing was comparing Samsung's current phones with the Apple iPhone, noting that Apple's smartphone had become the industry standard. The rest of Shin's comments, which Apple left out, included the innocent statement "when everybody (both consumers and the industry) talks about UX, they weigh it against the iPhone. The iPhone has become the standard."

Samsung's J.K. Shin

Samsung's J.K. Shin

Nowhere in Shin's comments does it say that Samsung should copy Apple. In fact, Shin goes on to tell his designers to "make their own designs with conviction and confidence," and to “make designs with faces that are creative and diverse.” Furthermore, the Samsung executive reminds his team to focus on the screen as a way to differentiate itself from other manufacturers. "Our biggest asset is our screen," said Shin "it is very important that we make screen size bigger."

The jury never got to hear the full statement from Shin, only those parts that Apple wanted them to hear. Maybe it wouldn't have mattered anyway, not based on what we subsequently learned was going on during deliberations. If Samsung does win a new trial, you can be sure that they won't make the same mistakes twice.

source: BGR, Phandroid

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53 Comments

1. joseph98

Posts: 167; Member since: Feb 03, 2012

After 8 months of owning my galaxy note now I know it is Samsung. I thought I bought apple note. Come on has anybody bought Samsung phones in mistake he thought it was apple.

7. Stuntman

Posts: 843; Member since: Aug 01, 2011

Exactly. I walked into a Samsung store and bought the SGS3 because I thought it was an iPhone. :)

8. Doakie

Posts: 2478; Member since: May 06, 2009

Wait so you're telling me that my Galaxy S 3 wasn't made by Apple? I'm going to sue this Samsung who made such a great knockoff.

15. whysoserious

Posts: 318; Member since: Jul 20, 2012

Wait, what?! That phone with a bigger AMOLED screen with a Samsung logo in front is not an iPhone?!? Damn you Samsung!

28. PhenomFaz

Posts: 1236; Member since: Sep 26, 2012

Yeah Samsung made a knock-off that actually performs better than the original iPhone! How dare they make it better, more functional and simply more awesome than the original! Apple should sue Samsung for pure awesomeness :)

52. anywherehome

Posts: 971; Member since: Dec 13, 2011

Ive bought one tiny and one big sh*t thought it was an iPhone and an iPad...

13. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 2010

Yup-per. Didn't Sammy negotiate the rights to build (and sell) versions of the iPhone with screen sizes larger than 4 inches? It was all part of the deal where Sammy agreed to supply Apple with the chipset for the iToys.

17. Sprissy

Posts: 193; Member since: Feb 11, 2012

Really????? Are you blind....GS3 has Samsung right on top the screen....hello that's a pretty good sign that it's not an iPhone.

31. parkwaydr

Posts: 572; Member since: Sep 07, 2011

Sarcasm is a foreign language to you isn't it?

19. angelesmec unregistered

I can understand that an average consumer might think that an iPhone was mistaken for a Samsung phone although they are very different in most design cues but seeing the Samsung logo and still thinking that it was an iPhone and purchasing it was really a foolish

20. angelesmec unregistered

I can understand that an average consumer might think that an iPhone was mistaken for a Samsung phone although they are very different in most design cues but seeing the Samsung logo and still thinking that it was an iPhone and purchasing it was really a foolish act. common sense people.. sorry for the term used.

23. TheLibertine

Posts: 484; Member since: Jan 15, 2012

I buyed a Samsung TV thinking it was an iPhone...

36. ZEUS.the.thunder.god unregistered

You must be thinking its the new 55" iPOD XXXXXL lol:)

38. d3nster

Posts: 5; Member since: Oct 02, 2012

bahahahahaha!!

29. ZEUS.the.thunder.god unregistered

what the hell.. I have always been using my phone thinking its an iNexus designed in california:)

12. Bluesky02

Posts: 1439; Member since: Dec 05, 2011

Agreed

18. MeoCao unregistered

The jury is biased so they didn't care much about the facts anyway.

22. doejon

Posts: 411; Member since: Jul 31, 2012

whaaaaaaaaaaaat i thought my device with my msdcard and removable battery is an iphone - damn i got punkd´

51. anywherehome

Posts: 971; Member since: Dec 13, 2011

.......

2. nasznjoka

Posts: 418; Member since: Oct 05, 2012

Screw icrap

3. hateftotti

Posts: 224; Member since: May 03, 2011

Go to hell apple...

4. neutralguy

Posts: 1152; Member since: Apr 30, 2012

what samsung needed were good attorneys/lawyers. That's all.

14. zibbyzib2000

Posts: 221; Member since: Nov 18, 2010

Agreed :l

5. plgladio

Posts: 314; Member since: Dec 05, 2011

Only way to win a good person is to do cheat..

6. KingKurogiii

Posts: 5713; Member since: Oct 23, 2011

wow...why did no one speak up about this? it's like Samsung's Attorneys slept through the whole trial. _-_

10. Doakie

Posts: 2478; Member since: May 06, 2009

Funny. I was thinking the exact same thing. Samsung should have spent $250 million on lawyers...

26. protozeloz

Posts: 5396; Member since: Sep 16, 2010

actually if no mistaken they were not allowed to do so either to call on an extra witness or show other devices and proof

30. remixfa

Posts: 14605; Member since: Dec 19, 2008

they werent allowed to call on Shin or present certain very obvious pieces of evidence, but when this quote was read to the jury, samsung's lawyers should have still stood up and called BS. They had the trial stacked against them unfairly, but they also made some pretty big bonehead mistakes for a law firm representing such a big client.

32. parkwaydr

Posts: 572; Member since: Sep 07, 2011

I agree Remix, I also feel koh should not have been allowed to oversee this case because of her ties to the firm that represented Apple.

34. networkdood

Posts: 6330; Member since: Mar 31, 2010

park hit the nail on the head...OWWW!! Yeah, having a judge oversee this trial - one that has ties to APPLE - that in itself is grounds for a re-trial. What is wrong with our system of justice for overlooking something so obvious such as this?

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