Trial update: Samsung sought help from Google to battle Apple in the trenches

Trial update: Samsung sought help from Google to battle Apple in the trenches
The sequel to the Apple-Samsung patent trial has a much different feel to it than the original. Not as much of a media circus as the first courtroom skirmish between the two, this time the rivals have acted more professionally and without the outbursts that permeated the first trial. That doesn't mean that either side has laid down and given up. While the action won't resume until Friday, let's recap the latest testimony.

The most recent dispatch from Judge Lucy Koh's courtroom concerns the testimony of former Samsung America chief executive Dale Sohn. On the stand, Sohn repeated the Samsung company line. Samsung did not copy Apple and was not influenced by the iPhone. But on cross-examination, a number of internal Samsung correspondence seemed to indicate that Apple was always on Samsung's mind.

For example, in a document dated June 5, 2012, Sohn compared the expected launch of the Apple iPhone 5 to a tsunami. He discussed a counter attack that included offering the Samsung Galaxy S III and Samsung GALAXY Note II to consumers for a free trial, and releasing the Galaxy S III to pre-paid carriers. Another part of the strategy involved a negative PR campaign against the iPhone 5, focusing on the smaller 4 inch screen on the device.

Sohn also was asked on the stand about his correspondence in 2011 to Samsung Telecommunications marketing chief Todd Pendleton, inquiring about the possibility of having Google indirectly target Apple with its own marketing blitz. Samsung did not want to attack Apple itself because of the latter's status as a large Samsung customer. Despite this concern about going after a customer, Samsung did develop a series of ads that poked fun at iPhone fans waiting in line for the next model of the phone.

Sohn testified that Pendleton's marketing schemes, not any copying of the iPhone, was behind Samsung's rise from fourth place in the U.S. smartphone market behind Apple, HTC and RIM, to its current status as number two behind Apple. For its part, Apple's cross-examination strategy is to show that despite testimony to the contrary from Samsung executives, the iPhone was constantly on the mind of those working at Samsung Mobile. While there is nothing illegal about that, Apple is trying to get the jury to believe that by constantly stalking Apple's smartphone, Samsung crossed the line and copied parts of the iPhone which were covered by Apple's patents.

The trial resumes on Friday and could be handed over to the jury as soon as the latter part of next week.

source: Recode via BGR

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28 Comments

1. sgodsell

Posts: 7354; Member since: Mar 16, 2013

That is exactly where Apple is going with this. If they would only spend this much time and money on new innovations and features, instead they are wasting time and money in the courts.

4. Ashoaib

Posts: 3282; Member since: Nov 15, 2013

Having a comperitor in mind is what the successful companies do... all competitive companies keep rivals in mind and keep an eye on their moves, so whats wrong in it if samsung did that? It shows samsung is not sleeping and is a competitive and efficient company

24. cheetah2k

Posts: 2251; Member since: Jan 16, 2011

Hang on a second. How does the way Samsung do marketing relate in way shape or form to the design of their Galaxy series phones for which this court case is centred about??? Go behind the scenes of any company - HTC, Microsoft, LG, Motorola, Lenovo, Asus, etc, i bet $1,000,000 they all have very similar correspondance and very similar feelings - how to "compete" with Apple and not lose market share.... This is buisness people!! Apple are grasping at straws. Feelings are considered "hearsay" in a court of law.. I wish Apple just shrivelled up and died..

2. sgodsell

Posts: 7354; Member since: Mar 16, 2013

The other thing is they name the Galaxy S3 and the Note 2. You have to be blind if you think those 2 models from Samsung copied anything off of any iPhone.

3. hafini_27

Posts: 949; Member since: Oct 31, 2013

I don't think saying the iPhone's screen small is a bad marketing. It really is.

12. wax33

Posts: 45; Member since: Apr 06, 2014

Apple is going to "copy" the bigger screens from their competitors. :)

5. LGisgood

Posts: 833; Member since: Jun 23, 2012

APPLE thinks If they will beat Samsung they will become the #1? they forgot there is Samsung's brother its LG! LOL

7. StraightEdgeNexus

Posts: 3689; Member since: Feb 14, 2014

Lol wow thats like a diehard fanboy, nothing related but bring in our beloved company. Sounds like a bot to me.

21. refillable

Posts: 1071; Member since: Mar 10, 2014

He's right this time. LG Market share is increasing very rapidly and they can have an edge to Samsung if they keep innovating. Right now the G2 is extremely popular among non tech savvy 'androiders'.

6. StraightEdgeNexus

Posts: 3689; Member since: Feb 14, 2014

Yeah Google now this would be interesting.

8. willard12 unregistered

I wonder if Ford thinks about Chevy, if BMW thinks about Mercedes, or if Apple thinks about IBM?

10. StanleyG88

Posts: 240; Member since: Mar 15, 2012

Why would Apple be thinking about IBM?

9. StanleyG88

Posts: 240; Member since: Mar 15, 2012

I'm sure McDonalds Never thinks about Burger King or Wendy's; Coke Never thinks about Pepsi; GM Never thinks about Ford; etc etc etc. Heck, they all buy all their competitions products, tear them apart to see how they are produced and make changes to their own products accordingly where appropriate. Always has been done and always will.

14. androiphone20

Posts: 1654; Member since: Jul 10, 2013

only this time the other party is overly obsessed that they crossed the line, (TIL, they also got in trouble in the '80s for copying the Japanese). Turns out its not only about products anymore, marketing too

11. jpkelly05

Posts: 110; Member since: Nov 13, 2012

I keep thinking Xerox should sue Apple. That would be awesome. If I have to explain this then you don't know the history of the 2. Apple stole the idea of using a mouse and keyboard from Xerox.

20. elitewolverine

Posts: 5192; Member since: Oct 28, 2013

Actually they licensed from Xerox and MS licensed from Apple. The court has already done the trial, they proved that on patents and licensing alone, MS nor Apple infringed on them. And of the ones that were left I think like 10, was thrown out cause it was considered to loose of a patent. Read again MS licensed from Apple the technology. Xerox actually did file suite, mainly because if apple won on the 'experience' portion, the main benefits would be Xerox not apple. The Xerox case was thrown out of court for the same reason the Apple one was. Point being your history is bad and you should feel bad.

22. jroc74

Posts: 6023; Member since: Dec 30, 2010

"And of the ones that were left I think like 10, was thrown out cause it was considered to loose of a patent." Good....so Samsung lawyers can use this as a case example of having loose patents trying to be deemed important.

13. rob5150

Posts: 183; Member since: Oct 31, 2011

waste of time and effort. go put apple execs under oath now, and ask them the same friggin questions . is samsung/google/android on your mind? of course, apple lost huge market share. apple recently added a notification bar at the top of the screen.... hmmmm... android first? so apple is making larger screen devices.... hmmm... who did that first? this is old and tired.

25. cheetah2k

Posts: 2251; Member since: Jan 16, 2011

Apple just using the arrogant Jobs methods - "money for nothin......."

15. TheTruthSquad

Posts: 9; Member since: Dec 31, 2012

Apple bought the idea of using the mouse and icons from Xerox for a mil, then sued Microsoft for infringement because of Windows. They were humiliated by that but they still sue everyone for similar reasons. It is referred to as prior art if someone has already used it..

16. jroc74

Posts: 6023; Member since: Dec 30, 2010

Of course...Google even tried to gift, lend patents to HTC in their Apple trial. Since some of this really does involve stock Android....its only right that Google does try to help.

26. cheetah2k

Posts: 2251; Member since: Jan 16, 2011

What gets me is that in Australia, every samsung phone cannot change the bottom row of icons in the home screen due to a patent dispute with Apple... And yet every other android phone in Australia can change these icons... What Apple does is not consistent - its clearly and soley targetting Samsung. Very anti-competitive and childish IMO

17. PBXtech

Posts: 1032; Member since: Oct 21, 2013

Steve Jobs talked about Android as much, if not more than he did iOS. Really don't know where Apple is going with that argument, it's natural to keep your competitor's products under focus.

18. Altair

Posts: 367; Member since: Feb 02, 2012

Meanwhile in Samsung (yeah shamesung) HQ: CEO: "Hey, whats current situation at USA? Did Apple release iPhone 5s? Oh btw. let the marketing guys know, that we want them to let everyone think that we don't copy!" Samsung CEO at USA: "Alright, we will make dozen of adds saying that! Yes Apple announced 5S! It has fingerprint scanner and 64bit processor...!" CEO: "WTF, assistent, take a call to our design department!" Assistent: "Design leader on the phone!" CEO: "Give us fingerprint scanner and 64bit processor right now!!!" Design leader: "What? We can't do...." CEO: "DO IT, OR I WILL FIND SOMEONE WHO CAN!"

19. jroc74

Posts: 6023; Member since: Dec 30, 2010

Wow....is the Apple distortion field really that strong..... If I recall..the Motorola Atrix had a finger print scanner before both... And last time I checked...no one has a patent on using newer technology... I wonder who is seen as copying in the PC world then....since we are on quad core chips now... AMD copying Intel...Intel copying AMD...? Same for video cards.... Seriously? I mean...seriously....? I guess this means Apple going to bigger screens on the iPhone and a smaller iPad is considering copying too huh....

27. willard12 unregistered

Meanwhile in Cupertino: Hey, what consumers want, we don't have. Doesn't Samsung have an S and a Note? We need a 4.7 inch and 5.5 inch phone now. We already have pull down notifications and a command center from them. And then sue them over some Google features that we copied from neonode and other companies. I'll go thermonuclear on this. Samsung Assistant: Boss, did you hear Apple has a 64 bit processor? Samsung designer: Who do yo think made it for them? That's how we know it's useless.

28. jroc74

Posts: 6023; Member since: Dec 30, 2010

"Samsung Assistant: Boss, did you hear Apple has a 64 bit processor? Samsung designer: Who do yo think made it for them? That's how we know it's useless." Priceless...

23. roscuthiii

Posts: 2383; Member since: Jul 18, 2010

Does Apple have any argument at all that shows Samsung copied the iPhone/iOS??? Every statement made so far is a reflection of an intent to compete, not copy. Compete != copy... And that seems kind of pertinent when it comes to a patent trial.

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