Chart shows Apple's case in a nutshell; Samsung designer says she did not copy Apple's icons

Chart shows Apple's case in a nutshell; Samsung designer says she did not copy Apple's icons
A chart produced in court on Monday by Apple shows which of Samsung's devices infringe on each specific utility or design patent and trade dress. It is an interesting graphic look at Apple's case. After the chart was displayed in court, Judge Lucy Koh dropped three models from the claims against Samsun's U.S. subsidiaries. As we told you on Monday, the international versions of the Samsung Galaxy S, Samsung Galaxy S II and the Samsung Galaxy Ace are now only part of Apple's claim against Samsung's Korean parent.

Meanwhile, Samsung is now presenting its case for the second day and  designer Jeeyuen Wang is on the stand, using an interpreter to testify. Wang designed the icons for the Galaxy line of products and told the jury that she did not copy Apple when designing them. She added that she had considered using the design of a cell phone or a smartphone for the phone icon, but decided on a traditional phone because it seemed to be more easily recognized by users.

Wang had started working at Samsung as an intern and is the first person from Samsung's Korean operations to take the stand. Trying to show the court that other companies besides Apple are obsessive about design, she told the court how hundreds of designers from around the world had worked on the design of the Samsung Galaxy S. Wang testified that during this time period, she slept only 2 to 3 hours a night. In the TMI department, she told the jury that she had just given birth during that time period but couldn't breastfeed regularly because of her work load.

source: CNET, AllThingsD


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78 Comments

69. Bluesky02

Posts: 1439; Member since: Dec 05, 2011

Awww that's sad story :(

42. networkdood

Posts: 6330; Member since: Mar 31, 2010

Remixfa, did you see this: http://stopsamsung.wordpress.com/ not sure how factual it is....but it does not look good.

49. remixfa

Posts: 14605; Member since: Dec 19, 2008

yea, I saw that the other day. Its pretty crappy. Another chinese company abusing people. (its not samsung, its HEG working for samsung). I dont know if the parallels are the same like Apple/Foxconn where Apple dictates working conditions and pay scales to foxconn in their contracts, or if this HEG group is just being dirtballs. Samsung is on their 3rd investigation of the until, so at least they are TRYING to do something before there is a huge public outcry.. but like the article said, the investigation company they hired was caught taking bribes from HEG. According to another article (on the Verge i think), they were sending private Samsung employees down to investigate this time, so hopefully it will be stopped. But to point out, before some idiot troll tries, HEG DOES NOT MAKE SAMSUNG PHONES. They make DVD players and stereos. Samsung phones are made IN HOUSE by Samsung because they use too much proprietary tech. But either which way, it sucks, and samsung needs to be held accountable to stop it.

53. greathero1

Posts: 584; Member since: Jun 13, 2008

I wasn't trolling when I put it out there earlier about stop Samsung. I was agreeing with Penny and the hypocrisy behind the fans. Even you are making excuses, well it's not phones. Really? Sammy should be scrutinized all the same and it really doesn't matter what is made in the factories in question. Not an idiot troll, just not blinded by the BS. Sammy is not getting a pass from me because they have a few factories in Korea which offer much better conditions than China. Since we are on our high horse, let's get em all and drag em through the mud.

58. remixfa

Posts: 14605; Member since: Dec 19, 2008

when I said samsung should be held accountable, I was making excuses? The point of what I said about the phones being made elsewhere, is the standard reply from Taco and Gallito will be "oh, now that their factories are as bad as apple's, are you going to boycott them too!? no? your a hippocrit!". It was deflecting that stupid argument before it was made.

51. PhoneArenaUser

Posts: 5498; Member since: Aug 05, 2011

Sad. :(

31. thachlel

Posts: 75; Member since: Apr 20, 2012

Apple is not going to win any sit ..... They're playing games to slow down Sammy till their next iPhone. Dirty!!

14. Penny

Posts: 1880; Member since: Feb 04, 2011

I feel like I'm turning into a troll. All I can do anywhere I go online now is see the hypocrisy of Android fans. If the last couple of lines from this article were the last couple of lines of an Apple article related to Foxconn or something, let's just say the users here certainly wouldn't be commending the company for how "hard-working and dedicated" its employees are. Can't help but bring this kind of stuff up now.

15. PhoneArenaUser

Posts: 5498; Member since: Aug 05, 2011

1. Samsung's designers are better paid than workers from Foxconn. 2. Workers from Foxconn also have kids.

24. greathero1

Posts: 584; Member since: Jun 13, 2008

Why not compare designer salaries to other designer salaries. You can't compare assembly line workers pay to designers pay. And Penny is correct. It is now out that Samsung has allowed just as much abuse of concerning labor conditions as Apple. They also employed what we consider underage labor as well. Check out the article on Marketwatch or just google it and see how much stuff pops up. There is also a website called stopSamsung.wordpress.com. They are really no better than Apple in this department dude.

30. kew01

Posts: 15; Member since: Jul 28, 2012

Or maybe, just maybe it was HER choice to do so, and no one told her "if you don't work 20 hours a day, you're fired". I seem to remember that Samsung gave its employees 2nd, 3nd and 5 chances to rectify their mistakes before getting the axe. So maybe... just maybe... it's a CULTURAL thing. We all know asians (especially chinese, koreans and japanese) are very dedicated and hard workers, especially when they work for something they think its important and want to show results. I doubt Samsung would have fired her if she didn't work that much after giving birth. I bet she chose not to get payd leave like all new mothers get, from few weeks before giving birth and 1-2 years after. Or maybe that practice is just in my country and in Asia women are forced to work right after they give birth, right?

33. remixfa

Posts: 14605; Member since: Dec 19, 2008

Abuse yes, I heard about that factory. Apparently there is a major shakedown going on to rectify it. Who knows if its actually happening. However, its not "just as much as apple". When Samsung has 17 suicides in a year and a factory that explodes and kills people because they were too cheap to install VENTILLATION to remove exploding particles from the air, then maybe. Also, Samsung factories, for phones anyways, get paid nearly double Apple/foxconn, and they have health benefits and vacation. Neither which exist at any apple factories. So.. bad, especially in light of that latest infraction.. sure... as bad as apple.. absolutely not.

40. networkdood

Posts: 6330; Member since: Mar 31, 2010

17 suicides by Samsung employees is better than what you see at Foxconn????

44. PhoneArenaUser

Posts: 5498; Member since: Aug 05, 2011

"You can't compare assembly line workers pay to designers pay." I was not comparing, I just told a fact! Penny was comparing Foxconn workers situation with Jeeyuen Wang's situation, that's why I told that Samsung's designers are better paid than workers from Foxconn. Also I told that workers from Foxconn also have kids not only Jeeyuen Wang. So there is no reaso for Penny to compare Foxconn workers with Jeeyuen Wang.

36. remixfa

Posts: 14605; Member since: Dec 19, 2008

there is a difference, and I KNOW that you of all people know it. Foxconn's conditions are FORCED lest you be fired and permanently blackbooked from any job in the area. They were also working for 0.60 cents an hour at the ipad factory for the longest time with unpaid overtime. China is a different beast. This is a person with a deadline. If she CHOSE to work those hours, then its dedication. If samsung threatened her job if she didnt, then its very bad on samsung... 10x worse then because she was a new mom. You and I both know that plenty of people in the US CHOOSE to work those hrs to keep businesses running, to make deadlines, get products gold status, ect. It all depends on "why". There is no other possible "why" with apple/foxconn, there is only forced. That is why I'm assuming there seems to be a double standard, but if im right, then its only perception and not reality.

41. networkdood

Posts: 6330; Member since: Mar 31, 2010

This is why U.S. companies love China - cheap labor....our government can stop this by penalizing companies who make companies abroad and start incentives for keeping those jobs here in the states.

48. remixfa

Posts: 14605; Member since: Dec 19, 2008

the biggest incentive is vastly reduce the tax burden to companies. We have the highest corperate tax in the industrial world. And people wonder why companies run to horrid places like china that make corps pay very little income tax. China is also well known for giving special deals to big clients like walmart and probably foxconn. 35% in america + all the regulatory and other fees or....0-25% in china and workers for 1/5th the cost. Walmart for example got something like 5-10 years at zero tax and then a minuscule rate after that to move their headquarters there. For the type of volume Wally does, thats millions and billions in savings. Many companies get similar rates to move there. If you want to get real about saving jobs you have to even the playing field as much as possible. Obviously we are not going to lower our wages to china levels, but we can reduce the tax burden which will not only stop the bleeding, it will bring jobs here which will more than offset the lower tax rate and bring in MORE tax revenue as jobs are created. If you try to "punish" them somehow for leaving or heavily importing, you will only tip the field more in the opponents favor and hurt us further.

50. greathero1

Posts: 584; Member since: Jun 13, 2008

Well that won't help much either when no one is actually paying 35% for corporate taxes. Our tax code is likes swiss cheese and if you hire accountants, that amount will be significantly reduced. Exxon paid 2% last year. As a matter of fact, our most profitable corporations only paid an average of 14%. We all know businesses know the system and how to work it to their benefit and the amount they actually paid in taxes definitely reflect our broken tax system.

57. remixfa

Posts: 14605; Member since: Dec 19, 2008

you know who paid those taxes? Us, the tax payer.. they funnel their taxes down to the products they sell and Incorporate that into the total cost of the goods. When you increase corporate taxes, you increase the amount every person that buys the product pays. But yes, our system needs massive refinement and simplification as part of its over all tax reduction. Big businesses get those special deals.. but those are far and few between, the vast majority pays the posted taxes. Not every company can afford to bribe politicians millions on both sides of the isle as well as a league of accountants to jump through every loop hole.

75. Penny

Posts: 1880; Member since: Feb 04, 2011

@ remix As always, it is refreshing to see your astute comments on these boards. Yes, you are right in assuming that I understand the fact that there are differences between the two situations (Foxconn v. Samsung). However, as you started hinting at toward the end of your comment, I was trying to expose that double standard with a hyperbolic, troll-esque comment. In reality, the situation is often very similar, but people's perceptions change based on the filters through which the view the information. Let's say that Apple and Samsung were going through the same situation. Apple fans, through their perception, would feel that Apple is doing nothing wrong while Samsung is being the deviant, and the opposite would be true for Samsung fans. Therefore, my beef lies with the ignorance many people carry regarding their own biases. My statement earlier wasn't the conclusion that I would personally make, but was rather meant to expose the double standard that lies in the perception of fans and haters. I started that statement off saying "I feel like I'm turning into a troll" because I knew that I was making a false conclusion just to prove a point. I just hope that people start becoming more aware of their own biases and start adjusting for it in their conclusions.

47. manny1673

Posts: 3; Member since: Dec 28, 2009

You can try and compare the work conditions of each companies production facilities, but it disappoints me that an American company such as Apple, outsources production of its products to a company with the work conditions of Foxconn. One of the richest companies in the world has to use an outsourced work force. A disgrace to my American culture. Based on that alone there is no comparison.

54. quakan

Posts: 1419; Member since: Mar 02, 2011

It's all about profit margins. Lots of companies outsource there. It's no disgrace, just business. Big businesses screwed Americans over in the past until law reforms and unions came around now it's happening over seas. You honestly didn't think businesses played fair because they felt it was right did you?

12. gallitoking

Posts: 4721; Member since: May 17, 2011

So Samsungs does over worked its employees.. hmmm a person not sleeping could not be 100% and may have taken ideas without her knowing.. but is still copying.. have a designer design anything with days and night without sleeping and see what it comes out with.. please you cant even drive and you tell me she can design a phone,.. please.. go Apple..

17. joey_sfb

Posts: 6794; Member since: Mar 29, 2012

"she told the court how hundreds of designers from around the world had worked on the design of the Samsung Galaxy S." There are many more aspect to a phone than a round corner rectangle, such as i don know, hmm.. the back button for example that none of the apple device has. Another one could be the option button that the apple device don have.... So samsung phone has round corner and an green phone icon and based on this which fall under basic design rules, Apple demands 2 billons or more from Samsung. Gee! Apple is really a dxxk!

20. gallitoking

Posts: 4721; Member since: May 17, 2011

so hundred of designers came up with that?.. please see the obvious..

34. remixfa

Posts: 14605; Member since: Dec 19, 2008

they didnt come up with "just that", they came up with every icon, menu, swipe, effect, option, grid, ect. There is a lot more to a UX than a green phone icon.

62. gallitoking

Posts: 4721; Member since: May 17, 2011

well not the call button that is an exact replica.. wow a bunch of designers,.. and now being accused of copying.. just went from bad to worse

65. remixfa

Posts: 14605; Member since: Dec 19, 2008

i didnt know accused means guilty. if thats true, than i accuse you of getting down and dirty with Drumstick icecream sundays... on saturdays... and maybe even cheatin on the stick with a lil chocolate Klondike action while filming it for dirty dirty fetish websites. I accused you.. thus, by your standards.. your guilty.

73. Jobes

Posts: 364; Member since: Oct 27, 2011

I needed that Remix, ty. Should sub Klondike for ChocoTaco50 for good measure.

18. Santi_Santi unregistered

"So Samsungs does over worked its employees" maybe you forgot about that Foxconn company? the company who ensambles each iPhone? oops!

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