Key witness in Apple-Samsung trial leaves Apple, doesn't want to testify

Key witness in Apple-Samsung trial leaves Apple, doesn't want to testify
Last week, we told you how early designs for the Apple iPhone in 2006 were based on a Bloomberg article about the designs of Sony's mobile devices. Samsung says that the article was passed directly to Apple CEO Steve Jobs and designer Jonathan Ive and sketches made by Apple became the starting point for the OG Apple iPhone. The Apple employee who took the Bloomberg article and turned it into the sketches cited by Samsung was Shin Nishibori. Nishibori no longer works for Apple and with that in mind, he believes that he does not need to testify and says through his attorney, that he will not appear in court. The letter claims that the subpoena to Shin Nishibori was not properly served.

In a letter to the court dated Sunday, Nishibori's attorney said his client no longer is employed by Apple and is in Hawaii trying to recover from a health issue. The Industrial Designer has also updated his LinkedIn page to account for his leaving Apple. The Cupertino based firm is listed among Nishibori's past employers and shows him leaving the company this month after a ten year career at the tech titan.

Samsung claims that Nishibori's drawings show that Apple was influenced by Sony when making the Apple iPhone designs that Samsung is accused of copying with its Galaxy line of handsets and tablets. Nishibori has been listed on Samsung's witness list and in the past the Korean manufacturer has had some trouble finding him. In a previous filing with the court, Samsung said that Apple refused to make the Industrial Designer available claiming that he was on a leave of absence. After showing the court some tweets made by Nishibori relating to world travel and running 10K races, the Korean based manufacturer took his deposition this past May.

Samsung wants to show the court that Apple did not own the design that it claims Samsung stole from them. By calling Nishibori to the stand, Sammy's attorneys can try to show that the former Apple employee got his idea for the original iPhone design sketches from Sony. This could mean that Apple might not have a legal standing in the case. Without his testimony, Samsung's job gets a little harder. The trial opens Monday with jury selection.

source: AllThingsD

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45 Comments

1. mukrenol

Posts: 92; Member since: Sep 03, 2011

Apple is doing everything to prevent the witness to take the stands...

22. smartphone

Posts: 160; Member since: Oct 21, 2011

Its a conspiracy by apple They paid him nice and made him quit to appear fair in trails. Its shameful for Apple to admit the award winning design is stolen. Apple can never play fair in either trails or competition.

31. darkkjedii

Posts: 30900; Member since: Feb 05, 2011

Man shutup

24. anywherehome

Posts: 971; Member since: Dec 13, 2011

please, tell everyone who has an Apple device "it comes from rotten company".......it is important to show what is rotten and what do not supporthttps://sites.google com/site/corpsins/

27. PAPINYC

Posts: 2315; Member since: Jul 30, 2011

iHope he gets iSubpoenad, the last thing anyone wants on this is an iHung Jury.

43. Phullofphil

Posts: 1757; Member since: Feb 10, 2009

well for one thing what the heck was Sony thinking. I still think they don't fully grasp the market yet but what can you do know. Its either jump on android or hope on windows phone 8. . I think it was members of led zeplin that said it best when they said every one of there songs where not there idea. They were techniques and ideas takin from there influences with music. Then put together in there own way to make music history and musicians do the Sam with there music. Ifs past down. of course if you get down to brass tacks all the designs came from previous influences but what apple did with it is like zeplin did for rock and roll. They re wrote it. If apple did not come out with the iphone I think we would be five years back in tech or at the very liest no where near the quad core monsters we se today with tablets and phones. I personally think Samsung did copy not only apples phone but there business mode to a point. But really its a rectangle screen in a rectangle body. There is no others conclusion you can come to when designing a touch screen phone. It can really go no other way unless you add a keyboard. I really think apple probably coppied a little from Sony but I also think that the iphone was made as soon as the technology was available to do so and that shape is really the only conclusion you can get for a all touch screen phone. I am sure apple got ideas from other areas also but it was pretty original in all aspects from hardware to software and materials used. I own a galaxy nexus and a galaxy s 3. One of my first smartphones was a Samsung omnia and I loved it. I do believe Samsung took ideas a little but like I said that shape should not be slowed to be patterned because its really the only shape you can get. Besides that I have both an iphone and these phones and they couldn't be more different as far as user experience goes. That goes to the credit of google more than anybody. A personal assistant app has been around before siri . I guess I can go on for ever with my reasons why there should be know lawsuites in either way and let the consumer be the one rewarded with continued inovation from rivelry . But i n a side note if apple would stop exploiting foreign workers to save a couple dollars and start supporting our people in America and building the iphone here since we have the skilled workers I would gladly support them a lot more. They are a sudo American company and are making way too much profit not to support our country. We should tax the crap on them so they have to build here. Atliest freaking Mexico.

2. roscuthiii

Posts: 2383; Member since: Jul 18, 2010

Oh no, that's not suspect at all...

5. SonyFTW2020

Posts: 311; Member since: May 03, 2012

hahahahah

3. ilia1986 unregistered

I just want everything to be over already!! I'm tired of this BS.

32. darkkjedii

Posts: 30900; Member since: Feb 05, 2011

Now that's a post I agree with. No jabs jus truth

4. Sniggly

Posts: 7305; Member since: Dec 05, 2009

He's recovering from health issues? Yeah, 9 mm health issues...

6. SonyFTW2020

Posts: 311; Member since: May 03, 2012

This is getting really interesting...It sounds like something is going to be uncovered on Apple and Samsung may be the winner in the court room.....All in all Sony is going to get the praise for originality when its all said and done...SonyFTW

8. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 2010

As I said in a previous thread, this is going to be great PR for Sony - the inventor of the original iPhone. As far as Nishibori testifying, Meh. If the deposition was properly taken (as in video recorded), the attorneys for Sammy just play the tape of the part(s) they want to show to the jury. What is the saying - a picture is worth a thousand words? Well, with video depositions, they have pictures with the witness actually speaking the words.

9. SonyFTW2020

Posts: 311; Member since: May 03, 2012

hahahah a picture is worth a thousand words..... but a video! LOL

33. darkkjedii

Posts: 30900; Member since: Feb 05, 2011

And apple is the inventor of android

7. Mark.J.Linskiy unregistered

Judge Koh, really now? This is just ridiculous, as we all know this isn't the correct judge for the case.

10. lyndon420

Posts: 6600; Member since: Jul 11, 2012

I'm interested in what this guy would have to say.

11. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 2010

That he used the Sony prototype and Sammy phone (F700?) as inspiration for the drawings he made of the iPhone design?

12. taco50

Posts: 5506; Member since: Oct 08, 2009

Good news for Apple. From all the evidence that's coming out Samsung is in a lot of trouble. They could be looking at billions in losses and worldwide bans. It's sad that Samsung continues to blatantly copy Apple in the face of these lawsuits.

14. jroc74

Posts: 6023; Member since: Dec 30, 2010

This response was funny. Its almost like the ramblings of a mad man.... A key witness doesnt wanna testify ....FOR APPLE...he just left Apple this month... And this is good for them? I'm no judge nor am I on the jury.....but it would have the wheels turning in my head....

16. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 2010

Our little taco has developed almost a knee-jerk response to anything Apple. If Apple were to lose this litigation, taco's response would likely be that the case got stream-lined for the appeal.

19. jroc74

Posts: 6023; Member since: Dec 30, 2010

And I forgot to mention.....he drops the obligatory "copy Apple" phrase..... I might begin to wonder if he really is a bot...

20. jalva30

Posts: 14; Member since: Jul 07, 2012

Yea taco does have a response to everything! Sammy should win, and if apple some how does, it wouldn't be right. They can't just look at who has what patents, because obviously, by reading this artical, some of apples patents don't belong to them, they are just patenting everything that Nokia Sony and Samsung didnt patent. Becuase they don't care it's free enterprise. If Sony Samsung and Nokia patent everything they made apple wouldn't have been able to make a phone,

41. taco50

Posts: 5506; Member since: Oct 08, 2009

And your response to Samsung and android losing is that the judge is bribed. Samsung has lost cases in Germany, Australia and the US now. When will you admit Samsung has copied?

17. taco50

Posts: 5506; Member since: Oct 08, 2009

This will be a really easy win for Apple. All the evidence is on their side.

21. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 2010

If so, why didn't Apple move for summary judgement? Because even they had to concede all the evidence was not on their side.

38. iami67

Posts: 330; Member since: Oct 18, 2011

Taco what evidence are you looking at. Obviously not the evidence that they show in this article. Id like to know where you get your info from.

40. metoyou

Posts: 279; Member since: Oct 19, 2011

Do you know how SJ dead? cuz you sucks too much juice out of him taco!

15. jaafar2k

Posts: 18; Member since: Oct 14, 2011

Come out of you're dreams taco

13. jroc74

Posts: 6023; Member since: Dec 30, 2010

Duh Duh DUHNNN!!! The plot thickens..... Yea...someone said it the other day....this is gonna be one interesting case..

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