Samsung's 'Crisis of Design' Memo Enters Patent Trial as Early Apple Designer Testifies on Confusion

[MacRumors]

The dispute between Apple and Samsung continues to play out in U.S. court, with Apple working its way through its list of witnesses as it seeks to convince a jury that Samsung has infringed upon patents and designs related to the iPhone and iPad.

Among the interesting developments yesterday was the admission into evidence of an internal Samsung memo acknowledging that the company had suffered a "crisis of design" after the introduction of the iPhone, with Apple's lawyers arguing that the memo is evidence of Samsung's strategy to shift gears and copy the iPhone's design. AllThingsD has more on the memo:

It's a memo that Samsung didn't want admitted into the trial, and until now had kept it out. But this morning, when Samsung legal counsel John Quinn mentioned the "crisis of design" moment in a question to Samsung strategist Justin Denison, all bets were off, and the memo was in.

"Influential figures outside the company come across the iPhone, and they point out that 'Samsung is dozing off.' All this time we've been paying all our attention to Nokia, and concentrated our efforts on things like Folder, Bar, Slide," Shin wrote. "Yet when our UX is compared to the unexpected competitor Apple's iPhone, the difference is truly that of Heaven and Earth. It's a crisis of design."

Today has seen early Apple designer Susan Kare on the stand testifying based on her expertise in user interface and icon design. The Verge is providing live updates on Kare's testimony in which she is expressing her belief that Samsung's products and user interfaces are confusingly similar to the iPhone. In support of her testimony, Kare notes that even she was confused during a pre-trial meeting about her role as an expert witness in the case, mistakenly picking up a Samsung phone when she was attempting to reach for an iPhone.

It is my opinion that the overall collection of graphic features that makes the overall visual impression could be confusing for a consumer. Partly I base that on my visual analysis. Partly, I remember when I was at the law firm about being a expert witness in this case there was a big conference table with many phones on it... I could see the screen and went to pick up the iPhone to make a point about the UI graphics, and I was holding a Samsung phone. I usually think of myself as someone who is pretty granular about looking at graphics, and I mistook one for the other. So, I guess in addition to my formal analysis I had the experience of being confused.

Cross-examination of Kare has primarily focused on walking through granular details of differences between Apple's and Samsung's icons, where Kare has admitted some differences. Samsung followed a similar tactic with Apple's previous expert witness in industrial design, Peter Bressler, with Apple's witnesses acknowledging some differences between Apple's and Samsung's products but emphasizing their belief in the overall impression being similar enough to cause consumer confusion.

As Apple moves through its witness list that was headlined last week by Phil Schiller and Scott Forstall, Samsung will be preparing to bring its own experts in to provide testimony arguing against Apple's claims that Samsung copied Apple's designs and intellectual property. Samsung has repeatedly tried to call into question Apple's claims that Samsung did not shift to its current design aesthetic until after the introduction of the iPhone, and will certainly seek to press that point as the case continues.

Article Link: Samsung's 'Crisis of Design' Memo Enters Patent Trial as Early Apple Designer Testifies on Confusion

 

[sbrhwkp3]

If Samsung isn't guilty of patent infringement, they're definitely guilty of not going very far out of their way to be different.

 

[dBeats]

Ooops. I guess Samsung's lawyer just lost his chance to represent them on the appeal...

 

[Starflyer]

I like John Gruber's take:

Not sure what they were worried about. It’s just black rectangles.

 

[interlard]

Spare a thought for the jurors

It's the jurors I feel bad for. They are prevented from earning a living while mega-billionaires fight over what shape their plastic boxes are. I don't think I'll want to buy an Apple or Samsung product again.

 

[Peace]

Crisis. Ha !

So samsung decided to simply mimic the iPhone icons too.

http://www.appleinsider.com/article...legedly_show_samsung_copied_iphone_icons.html

 

[BvizioN]

It's the jurors I feel bad for.

Why? Don't they get payed the equivalent of what they would normaly earn on their regular jobs? Just curious.... i don't live in US.

 

[jav6454]

Although the memo is dammig it is still on Apple's court to fully present Samsung as guilty. Not saying they are not, but a memo is not the piece to finish off Samsung, just a stepping stone.

 

[Jamesesesesess]

Crisis. Ha !

So samsung decided to simply mimic the iPhone icons too.

http://www.appleinsider.com/article...legedly_show_samsung_copied_iphone_icons.html

Those are actually pretty close copies... the only that was a stretch in the article is the Photos icon.

 

[Uncle David]

My guess is the Fandroids will find a way to discount Samsung's own admissions.

 

[aeneas07]

Why? Don't they get payed the equivalent of what they would normaly earn on their regular jobs? Just curious.... i don't live in US.

No, it is different in each area, but you get paid about enough to buy a sandwich each day

 

[sockdoggy]

"It's a memo that Samsung didn't want admitted into the trial, and until now had kept it out. But this morning, when Samsung legal counsel John Quinn mentioned the "crisis of design" moment in a question to Samsung strategist Justin Denison, all bets were off, and the memo was in."

This, combined with Samsung's questionable legal tactics leads me to believe their legal council is grossly incompetent.

I'd be fuming as a Samsung shareholder.

 

[olowott]

Hope this ends soon enough and lets get back to the LAB for another show down of the coming iPhone *whatever it will be called

 

[Marzzz]

Why? Don't they get paid the equivalent of what they would normaly earn on their regular jobs? Just curious.... i don't live in US.

Not even close, unless they have a minimum wage job. But it is considered a civic duty and unless there are extenuating circumstances most people follow through.

 

[Undecided]

Why? Don't they get paid the equivalent of what they would normaly earn on their regular jobs? Just curious.... i don't live in US.

It's up to their employer and so depends on the employer's policy.

They are paid by the court, and that varies from state to state. In California, I think it's $5 per day (but that could be out of date).

On the upside, whoever wins will give them free phones!

 

[samcraig]

It's already gone on record that "crisis of design" is a common phrase over at Samsung. So it in itself is not damning.

Forbes blogging is far superior to The Verge's which sounds like it's being written by a high schooler.

And the icons which were posted here are a ridiculous proof point. The green phone icon has long been the icon of choice way before the iPhone. And in a very similar way.

How many ways can you show an address book? Notepad?

There are some "universal" ways people indicate icons that has preceded Apple's 2007's iPhone. Apple may have made it ubiquitous amongst members of this forum - but they don't own the concept.

 

[Undecided]

Not even close, unless they have a minimum wage job. But it is considered a civic duty and unless there are extenuating circumstances most people follow through.

Heh....we both corrected his misspelling of "paid." Aren't we all just a nice bunch?

 

[Peace]

It's already gone on record that "crisis of design" is a common phrase over at Samsung. So it in itself is not damning.

Forbes blogging is far superior to The Verge's which sounds like it's being written by a high schooler.

And the icons which were posted here are a ridiculous proof point. The green phone icon has long been the icon of choice way before the iPhone. And in a very similar way.

How many ways can you show an address book? Notepad?

There are some "universal" ways people indicate icons that has preceded Apple's 2007's iPhone. Apple may have made it ubiquitous amongst members of this forum - but they don't own the concept.

What part of registered trademark don't you understand ?

 

[Glideslope]

Although the memo is dammig it is still on Apple's court to fully present Samsung as guilty. Not saying they are not, but a memo is not the piece to finish off Samsung, just a stepping stone.

No, it's a bridge.

 

[lpeedin]

Why? Don't they get payed the equivalent of what they would normaly earn on their regular jobs? Just curious.... i don't live in US.

Jurors are only paid $40 per day in Federal court - less in State/Local cases. A lot of large employers will continue to pay their employees, but not all and very few small employers.

Serving jury duty is truly a "public service".

 

[neiltc13]

Crisis. Ha !

So samsung decided to simply mimic the iPhone icons too.

http://www.appleinsider.com/article...legedly_show_samsung_copied_iphone_icons.html

In 2004 Nokia released the 7710, have a look at these icons:

Still think Apple's are original?

 

[Undecided]

"It's a memo that Samsung didn't want admitted into the trial, and until now had kept it out. But this morning, when Samsung legal counsel John Quinn mentioned the "crisis of design" moment in a question to Samsung strategist Justin Denison, all bets were off, and the memo was in."

This, combined with Samsung's questionable legal tactics leads me to believe their legal council is grossly incompetent.

I'd be fuming as a Samsung shareholder.

Was there actually an exchange where Apple's lawyers wanted to admit it, Samsung objected, and then Apple said basically, well, they opened the door so in it goes? Man, if it was admitted based on a slip up like that....

 

[Pyrrhic Victory]

Clearly not exact copies, but some all very close and clearly used as a starting point. But how is it even possible to decide whether they were too close? It seems totally arbitrary to judge whether or not these icons are patent infringements.

Crisis. Ha !

So samsung decided to simply mimic the iPhone icons too.

http://www.appleinsider.com/article...legedly_show_samsung_copied_iphone_icons.html

 

[smoledman]

So what? Is Apple going to ban Galaxy phones and demand Sammy pay $4 billion or what? Why should Apple get any more cash, they already have made their fair share of profits and then some!

 

[JohnDoe98]

How many ways can you show an address book? Notepad?

There are some "universal" ways people indicate icons that has preceded Apple's 2007's iPhone. Apple may have made it ubiquitous amongst members of this forum - but they don't own the concept.

Go to the App Store and type in "Notes" or "Contacts" and you will be hundreds of different ways. Why is it the same design and colors had to be used by Samsung?