Apple's Opening Court Statement Focuses on Samsung's Radical Shift in Phone Design

MacRumors · Jul 31, 2012

While court documents filed in relation to the high-profile U.S. legal battle between Apple and Samsung have yielded a treasure trove of images of prototypes and concepts for iPhone and iPad designs, the court case is just now getting underway. Reuters reports on some of the early developments today, including opening statements from Apple's lead lawyer outlining how the company will argue that Samsung's radical shift in phone design was driven by its desire to copy Apple's ideas for the iPhone.

Apple attorney Harold McElhinny started off by showing slides that featured old Samsung phones from 2006 and compared it to the Korean company's newer smartphones from 2010.

The key question, McElhinny said, would be how Samsung moved from the old phones to "these phones."

"As we all know it is easier to copy than to innovate," he told the court. "Apple had already taken the risks."

Source: Apple pre-trial court filing

Key to McElhinny's presentation setting the stage for the trial was evidence in the form of internal Samsung documents showing that the company recognized the design challenges it faced and felt that the iPhone would be "easy to copy".

McElhinny showed jurors an internal Samsung product analysis which said the iPhone's hardware was "easy to copy." Another document prepared by a Samsung executive said the company was in a "crisis of design" due to the iPhone.

Samsung has yet to make its opening statement in the case, but its filings made so far have shown how it will attempt to undermine Apple's case by arguing that Apple had copied some of its design ideas from others and that it has refused to properly license key technologies controlled by Samsung.

Jurors in the trial face a complex task of weighing the merits of Apple's and Samsung's arguments on issues related to patents and trade dress infringement. IDG News Service highlights the instructions given to the jury by Judge Lucy Koh summarizing the basic allegations from each side and offering guidance on how to evaluate the evidence.

Article Link: Apple's Opening Court Statement Focuses on Samsung's Radical Shift in Phone Design

shootingrubber · Jul 31, 2012

These companies suing everybody for everything is getting ridiculous.

bryanescuela · Jul 31, 2012

Wow

Those "after" iPhone Samsung phones are exactly like iPhones. Hard to distinguish...

Rodimus Prime · Jul 31, 2012

Got to give the lawyers credit but counter point is Samsung was really only making WinMobile smart phones before hand and that OS just was not really designed for a good touch interface.

I also seem the same heavily edited screens for samsung but what ever. This entire trial will be a joke and the lawyers trying to confuse the jury.

Hastings101 · Jul 31, 2012

On the left is Windows Mobile, a stylus & keyboard based OS. On the right is Android, a touch-based OS. Hmm, wonder why they would look so different?

Sora · Jul 31, 2012

"As we all know it is easier to copy than to innovate," he told the court. "Apple had already taken the risks."

The core reason why competitors who refuse to innovate fail.

bsforever · Jul 31, 2012

Pretty damning evidence especially the internal memo about the iPhone being easy to copy. It's only fools with their heads buried in the sands who deny that Samsung cribbed the Apple iPhone playbook.

nfl46 · Jul 31, 2012

I'm glad us consumers don't have to deal with this crap.

samcraig · Jul 31, 2012

"As we all know it is easier to copy than to innovate," he told the court. "Apple had already taken the risks."

How well is that argument going to hold up when it's easy to show how Apple copied and stood on the backs of several companies to produce the iPhone and other devices.

p.s. you can copy AND innovate at the same time. Because unless Samsung actually produced an iPhone - it's not a 1:1 copy

duffmanth · Jul 31, 2012

I can see Apple's point that the post-iPhone Samsung phones are identical to the iPhone's design, but these lawsuits are getting ridiculous and making Apple look bad in a lot of people's eyes. I don't get why Apple is focusing on Samsung so much, pretty much every smartphone out there now is an iPhone ripoff.

Keebler · Jul 31, 2012

shootingrubber said:
These companies suing everybody for everything is getting ridiculous.

? did you look at the photo?

At some point, you have to protect your intellectual knowledge and what you've CREATED, not copied.

This goes for any company.

I realize it does look silly, but let's say you started a company, created something fantastic and were ready to make millions. Then I came along, stole your design and ideas, then made millions.

I don't know you about you, but if the roles were reversed, I would want to go thermo-nuclear on you (or whomever that person/company was)

ablashek · Jul 31, 2012

i never realised this, but there is a big diference int he design change after the iphone was released! damn

also interesting is that windows phones seemed to be an important OS pre-iphone, look at all the samsung phones from 2006 using windows mobile 5!
the world has indeed changed after the iphone introduction!

T-Will · Jul 31, 2012

On the same lines as the other comments regarding the evidence showing only WinMo phones before 2007, did Samsung even make a "touch-only" phone before the iPhone (using some other OS)?

Dr McKay · Jul 31, 2012

bryanescuela said:
Those "after" iPhone Samsung phones are exactly like iPhones. Hard to distinguish...

Are the different buttons, giant Samsung logo, different casing and operating system enough?

Aside from both being rectangular and having a single button on the front....

spritelyjim · Jul 31, 2012

Hastings101 said:
On the left is Windows Mobile, a stylus & keyboard based OS. On the right is Android, a touch-based OS. Hmm, wonder why they would look so different?

Because Android totally copied Apple too?

Seriously, one of the biggest reasons Apple is going after Samsung is because they are using Android, so Apple hates them for that AND for copying their hardware.

Rennir · Jul 31, 2012

It would really be interesting if someone on MR got called to be a juror at one of these lawsuits and kept us up to date with what's happening

dukebound85 · Jul 31, 2012

So when a touch screen phone takes the world by storm, such as the iphone did, of course everyone will implement touch screens.

Apple, how many ways do you expect a touch screen phone to look like? Apple is overreaching and it coms off to me that they think they should be the only ones able to use a pure touch phone

reckless2k2 · Jul 31, 2012

Most computers look the same. Most cars look the same. Many things look the same or similar. It just seems we as a society have just become so litigious and offended at everything. How about flattered? How about we try that one on. Flattery.

I'm an Apple fan but this is getting out of hand.

notabadname · Jul 31, 2012

I think that this is a point well made.

Dun Properly · Jul 31, 2012

Imitation is the sincerest form of flattery.

KnightWRX · Jul 31, 2012

That's not gonna go far as an argument in light of Samsung's internal documents about the F700 design, it's 2006 design registration, and frankly, their entire brief :

http://www.osnews.com/story/26230/Samsung_reveals_its_pre-iPhone_concepts_10_touchscreen_devices

Maybe Apple's lawyers should have familiarised themselves with this little nugget :

Screen Shot 2012-07-31 at 2.25.13 PM.png

Seriously, do Apple's lawyers even read court briefs ? This is gonna be interesting.

lordofthereef · Jul 31, 2012

Of course the phone design is going to radically change. The OS that they are using is a radical change. None of the previous smartphone OS's that Samsung using were really anything like Android, which is 100% touch screen based. The thing with a touch screen design is that it is going to be basically ALL SCREEN on the front, much like Apple's iPhone.

Solfeggio4 · Jul 31, 2012

duffmanth said:
I can see Apple's point that the post-iPhone Samsung phones are identical to the iPhone's design, but these lawsuits are getting ridiculous and making Apple look bad in a lot of people's eyes. I don't get why Apple is focusing on Samsung so much, pretty much every smartphone out there now is an iPhone ripoff.

Agreed. I wish Apple would just keep looking ahead at the next thing instead of spending time on frivolous lawsuits from four years ago. People are always going to copy Apple - they are the biggest technology company in the world. What makes them great is that they are always a few steps ahead of everyone else.

gwelmarten · Jul 31, 2012

Samsung are such blatant copycats. Go Apple!!! Just look at these for blatant copying:

And as if that's not enough:
Apples:

AustinIllini · Jul 31, 2012

gwelmarten said:
Samsung are such blatant copycats. Go Apple!!! Just look at these for blatant copying:
Image
And as if that's not enough:
Apples:Image
Image

When did they ever release giant doc connectors?

Apple's Opening Court Statement Focuses on Samsung's Radical Shift in Phone Design

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