Samsung is still reeling from Apple's very public smear campaign. I believe this is at least one of the biggest reason they pulled this stunt. Perhaps to their own detriment trial-wise - they are sending the message that they are tired of Apple's campaign and that they won't back down.
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Apple Requests Sanctions Against Samsung Delivering Default Victory in Design Patent Case
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Samsung is still reeling from Apple's very public smear campaign. I believe this is at least one of the biggest reason they pulled this stunt. Perhaps to their own detriment trial-wise - they are sending the message that they are tired of Apple's campaign and that they won't back down.
From what I see, the trial had a discovery period, at no point during this did Samsung raise this evidence
Then (though i may be wrong) just before the trial was due to start Samsung "found" the evidence
Should the evidence be allowed ?
* Process-wise .... No, as it would not allow time for Apple to perform validation and discovery (especially while the trial is underway)
* "Because it is relevant" ?? Possibly not as unless it Samsung can produce people to backup the evidence its just pictures of no relevance
* Because the fAndriods demand it ? ... definitely not
I almost suspect it was Samsungs plan to hold this back knowing it would be rejected, this paves the way for an appeal should they loose
No-one should win by default, Apple (or Samsung) should win based on the evidence
What is clear is Samsung's copying of packaging and some Apple products shows they have a habit of copying Apple. We can all argue over TouchWiz (though I think users of it will curse it more)/
Do not confuse Apple with its Lawyers, Not everyone is an expert with photoshop
Samsungs "leak" of the evidence (if approved by the company, not lawyers) speaks volumes of how they regard the trial
As it stands the Judge should sanction Samsungs Lawyers especially as they know the rule regarding evidence and discovery, perhaps a week in the cells for them might make them take the process more seriously
Should I do it? I'm a bit tempted... Those guys are definitely worse than the biggest fanboy here. And their spelling/grammar is ridiculously bad. I've also seen way bigger Apple fans outside of MacRumors, like someone who said "the ipad is so good because its apple" on an Amazon review and "everything apple does is justified and OK", which someone said elsewhere.
EDIT: OK I left a big, poopy Apple fan / Samsung hater comment there. Let's see what happens. Get your popcorn
Now you're saying that LG designed the Prada from some unnamed mockups of a phone that wasn't real?
You must be joking, a normal person can't claim such a silly thing
Android is not a knockoff, not even really a copy. It's just unoriginal in general.
Ok. Just answer this simple question :
No matter what, will you always spin everything in favor of Apple ? Yes or No will suffice for me to either go on trying to provide you with links/facts or just simply stop responding to you.
The F700 was introduced via press release only a month after the iPhone. Infact, it was reviewed as barely functional when people first saw it live, at the March 15 CEBIT (9 weeks after the iPhone). The final product wasn't released until late in 2007 (November).
If you want to argue that the concept was fully formed well before the iPhone's introduction then feel free to do so, but it doesn't pass the smell test.
pff
I think the Judge should dismiss the case all together and fine Apple and Samsung for tying up the judicial system. This whole thing is entire nonsense. If this trial accomplishes anything, I hope it's to rethink a broken patent system that is in desperate need of reform.
I think the Judge should dismiss the case all together and fine Apple and Samsung for tying up the judicial system. This whole thing is entire nonsense. If this trial accomplishes anything, I hope it's to rethink a broken patent system that is in desperate need of reform.
There was no "leak". The pics were already in the public domain from previous filings. It was more of a reminder that the trial is in fact missing compelling evidence. Evidence that was produce "late in the discovery phase", not after.
Judge Koh could have allowed it since they were still in discovery.
It's a civil trial... nobody goes to jail.As it stands the Judge should sanction Samsungs Lawyers especially as they know the rule regarding evidence and discovery, perhaps a week in the cells for them might make them take the process more seriously
What campaign are you referring to?
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No. Please don't. Oh well.
His next question -- Exactly how?
"Not copy" I think is the key word, the demand for $24 per device seems to be a deterant
I think we'd all rather see Samsung (and others) not copy, but to innovate
There will always be a level of copying (between any company), this is not only because they may "copy" and "build upon" but because they may acknowledge someone elses way is better.
If covered by a patent (or copyright) they should pay an amount
Evolution is what we want to occur, not outright copying
How do you figure?
Oh yeah... it has a grid of icons!!!
Wait... WinMo phones had grid of icons... Palm OS had a grid of icons, hell BBOS had a grid of icons AND a dock.
Now tell us again who is copying who?
in a sense you are right, but also wrong.
depends by if you mean "copy" or "inspired"
There were radical shifts in the entire mobile market around that time. Everyone wanted a slice of the Smartphone pie. RIM was #1 king with some of the earliest smartphones that offered most of what people wanted in a smart phone. A software platform that was open so that applications could be installed. messaging and communications. Ability to play multimedia. RIM just marketted smartphones as a business device. They never saw the other side, that the average consumer wanted the same things.
There were other manufacturers who were coming up with similar concepts at the same time that apple was. Remember, Nobody builds their technology in a vacuum. Everyone, Apple, Samsung and everyone else built their technologies based on directions that the consumer market was driving them.
At the time, ti was making a move towards full screen, touch enabled devices that could incorporate PDA like activities, alongside Multimedia. Most of the mobile manufacturers were releasing regularly new devices that moved more and more towards this ideal. Remember, Apple is actually a relative new comer into the Cellular Market. They were building their first phone. They did not have the ability to come up with everything from the ground up on their own. Most of the technology that was in the iPhone's first iteration was developed by other companies and manufacturers (and still is believe it or not). Because of this, Apples phone was absolutely not built in a vacuum.
While it's purely conjecture, You can guess (assume whatever) that competitors were also coming to the same conclusions, with similar strategies that apple was also going towards. The Iphone was a great device, but it didnt win everyone over because it did things nobody else was doing. Apple was riding very Very high off the popularity of their ipod line. I am willing to bet most first generation iphones that were sold, were done so, because of the ipod history and popularity. Apple was known as a company with exceptional industrial design (and still are), and this helped push sales.
But Apple (and it's fanboys) claim that everything iphone was completely their idea, invention and that anyone else coming close to similar concepts clearly copied is a bit of a stretch. Thats why When apple keeps going litigation happy, it's frustrating. This doesn't force innovation. Innovation doesn't come from a vacuum. innovation comes from evolution of a concept. You couldn't make LTE without 3G already having been invented. You couldn't make MP3 without Digital music, and you couldn't make the car without the wheel.
and now i'm rambling. too much coffee.
If Samsung is REALLY trying to play the legal game, they sure do suck at it...
Rule 1: Submit evidence on time.
Rule 2: Don't piss off the judge.
They're worse at this game than Peter Griffin is at Call of Duty.
http://www.youtube.com/watch?v=efZSZjiF-TE
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Here's what I will do.
I live in the country this trial is set in. You don't.
I will sit back and allow our system to do what it does.
Whatever they decide is what it is and I will accept it.
Will you ?
Now. I'll just leave you guys to argue amongst yourselves.
So who emailed people like AllthingsD.com and other news outlets ?
I dont ever recall seeing the slides in any new-site until a few days ago
I thought discovery had ended as we now have the trial
Are you 100% sure the judge can't ?It's a civil trial... nobody goes to jail.
No I haven't said that. I was expecting you to ask `exactly how?`. I wasn't prepared for this question.
In a lawsuit you press for every advantage, regardless. It's different than PR where prioritizing media exposure, evaluating the spin or even prevarication is part of the approach (no disrespect intended). Who can forget the PR Non-Apology Apology "I'm sorry if (someone) was offended by what I (did or said)." It's practically become the universal after-the-fact release. Pure genius.