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  • Apple's First Expert Witness Struggles During Samsung's Cross Examination


    In the recent Apple vs. Samsung trial, the Cupertino California company brought Peter Bressler, its first expert witness to the stand. During Apple’s examination, Bressler claimed Samsung’s designs were “substantially the same” as Apple’s; a thought which gained some traction at first. During Samsung’s cross-examination, Bressler ended up faltering.

    In his testimony, Bressler, the founder of design firm Bresselgroup, walked the jury through the designs of numerous Samsung smartphones and tablets in an attempt to illustrate their similarities with Apple’s asserted patents. Here he went as far as accusing that Samsung infringed on a number of Apple patents. According to Bressler:

    Originally Posted by :
    My opinion (is) that there are a number of Samsung phones and two Samsung tablets that are substantially the same as the design in those (Apple) patents.
    He went on to point out that the designs are so similar that a consumer could confuse Samsung products with Apple products, a theory which was suggested by a Samsung study of Best Buy customers.

    When being cross-examined by Samsung lawyer, Charles Verhoeven, Bressler admitted that he had not witnessed customers mistakenly purchasing Samsung products. The expert was also grilled over the design elements between the two companies’ devices, and at one point even said “you’re asking me to compare peanut butter and turkey.” When stating the aforementioned analogy, Verhoeven asked which design was which food to which Bressler replied, “this is a level of detail that the ordinary observer would never be interested in looking at.”

    Upon furthering questioning, Samsung asserted prior art claims regarding the iPhone’s front face which prompted Bressler to note the comparison was an improper analysis of the design patents. According to The Verge, Bressler pointed out that all eight illustrations should be used when examining prior art instead of the one view Samsung was comparing against. He continued on to say the following:

    Originally Posted by :
    I believe the ordinary observer should be getting an overall impression of what the design of the phone is. I don't believe they should be examining teeny details the way you're doing.
    The trial is set to continue with more testimony from Bressler and Apple expert witness Susan Kare, the former Creative Director at NeXT and contributor to the first Mac’s graphical elements.

    Source: CNET, The Verge
    This article was originally published in forum thread: Apple's First Expert Witness Struggles During Samsung's Cross Examination started by Akshay Masand View original post
    Comments 45 Comments
    1. Dark_Ninja's Avatar
      Dark_Ninja -
      Quote Originally Posted by jasvncnt10 View Post
      I could see how easy it is to get confused...I bought a Ford the other day but had to return it cause I thought I was buying a Porsche
      Haha well the price didn't give you a light bulb ? Lol
    1. fadadman's Avatar
      fadadman -
      Quote Originally Posted by sw606 View Post
      do you know that plastic surgery is vey common in korea? get your attention first. that is what samxxx does.

      btw, the first few comments, imo, are likely posted by people working for koeans.
      ^^

      with that being said, perhaps you yourself work for Apple????
    1. ChicagoV's Avatar
      ChicagoV -
      I have yet to go into a Best Buy and see tablets just lying around for customers to grab and take to the checkout... you have to get an employee to go get whichever one you're interested in.

      ...meaning at SOME POINT you would have to specifically ask... you know what, nevermind. I just made myself angry.
    1. MetallicaFan1991's Avatar
      MetallicaFan1991 -
      **** Samsuck!
    1. domenicp's Avatar
      domenicp -
      WOW! That image says it all... Samsung so blatantly copied the iphone I'm surprised this has dragged on so long. Never thought much about this, but Apple really does have a point!

      Quote Originally Posted by PAKIS-RULEZ View Post
      its just Apple's greed thats all. they hating that they got some competition! and to use their money in reserves to kill the competition. I am praying that they lose this case. my whole family usees iphones and i have finally stop buying apple's products just because the Company's morals have gone down! they don't care about customers, but the money. I believe if someone is getting better that me I need to improve my self and make myself better so that ppl will like me not by killing the person who is better than me. thats just playing dirty.
      No, they hate being copied. Samsung is no better than a thief on this matter and they can't even admit they lack any creativity.
    1. ednometry's Avatar
      ednometry -
      This situation is exactly the same as the situation with Sony's Walkman, they set a standard and their particular item became synonymous with the actual product. Everyone called every portable cassette player a Walkman even if it was made by Panasonic or any other name brand. To some people every tablet is an iPad because that's how simple they view things. An iPad is what they understand and when he sees something that is in a similar form factor they see it as an iPad. As far as their star witness, I don't understand how he could be saying that there's a general likeness that's being copied when patents are supposed be for very specific things. It should be that small details that they're examining and looking closely at for similarities and to be actually able to say that another company infringed upon Apple's copyright. In the end as I've said in all my other posts, a phone will always look like other phones because they're all phones so I believe this whole lawsuit is irrelevant and stupid. This is just a way for Apple to tie Samsung up in court while they're busy getting a lead on the market and more of an opening for their iPhone 5.
    1. Slimz's Avatar
      Slimz -
      First off, if you buy an iPad thinking its a Samsung tablet, your balls should be removed and you should not be allowed to reproduce. The box says Samsung, the box says Apple. It's a ridiculous claim. It really is.

      Second, if you think any of those phones with the exception of the galaxy looks like an iPhone, your a bigger moron. What, because the bezels are the same colors? It clearly says SAMSUNG on the phone, with capacitive buttons on the bottom. It's a rectangle. Maybe Ford should sue Honda because 4 wheelers have tires? I mean come on, be realistic. You can be a fanboy of whoever you are a fanboy of, but be rational. It's ridiculous.

      The only reason Apple is doing this is because Samsung has become a threat and people are infact jumping off the iOS bandwagon. Apple has in fact taken elements from Android as well - Steve JObs admitted stealing ideas in his book. It's crazy. The whole thing is crazy. I personally perfer Apple's product designs and materials over Samsung devices, but in the end it's about user experience for me, and iOS isn't even close.
    1. Rokesomesmeefer's Avatar
      Rokesomesmeefer -
      Quote Originally Posted by PAKIS-RULEZ View Post
      its just Apple's greed thats all. they hating that they got some competition! and to use their money in reserves to kill the competition. I am praying that they lose this case. my whole family usees iphones and i have finally stop buying apple's products just because the Company's morals have gone down! they don't care about customers, but the money. I believe if someone is getting better that me I need to improve my self and make myself better so that ppl will like me not by killing the person who is better than me. thats just playing dirty.
      Apple never changed. You lied to yourself so that you could buy the cool Apple products you always wanted. Surely you don't expect anyone to believe that you only now decided to stop buying Apple products because their "morals have gone down".

      It is fact that in the corporate world competition is bad for profits. Companies are not in business to compete, they are in business to make a profit. The best way to profit is to destroy your competition, not foster it. Anyone who believes otherwise needs to stop drinking the kool-aid.
    1. MaStA819's Avatar
      MaStA819 -
      Quote Originally Posted by domenicp View Post
      WOW! That image says it all... Samsung so blatantly copied the iphone I'm surprised this has dragged on so long. Never thought much about this, but Apple really does have a point!



      No, they hate being copied. Samsung is no better than a thief on this matter and they can't even admit they lack any creativity.
      If Samsung copied Apple, then Apple copied the LG Prada. The LG Prada was released first, but of course an Apple fanboy won't admit that Apple ever did anything wrong. I've asked before and never received a response. Please tell me how a company is supposed to make a smartphone that doesn't resemble anything about the iPhone? A smartphone is a smartphone and they will all have similar features. What makes the Samsung phones a copy of the iPhone? The color? The shape? Black rectangular phones have been around for a long time... Samsung has smartphones with and without buttons on the front. Please explain what is a copy and what a company can do to make their phone not a "copy" of the iPhone? Basically what Apple wants are people to make circular smartphones three inches thick that are pink and have the mic on one side and the earpiece on the opposite side. Then they would be happy...F Apple.
    1. sw606's Avatar
      sw606 -
      first of all, i don't understand why this mmi editor used the word "struggle" in the headline of this article. what message do you try to imply?

      some posters stated that the consumers shouldn't get confused when they purchased the phones/tablets bcs the product package/ui showed the company logo. but that is not the point. samxxx copied the look/ui of apple product to get your attention to try samxxx product. who can tell what is what when you are 20/30 feet away from the products. you glimps all the phones on the display shelf first and go to the one you think that is attractive to you. samxxx understand that. that is why apple must stop samxxx from copying the look/ui of apple product.
    1. MaStA819's Avatar
      MaStA819 -
      Quote Originally Posted by sw606 View Post
      first of all, i don't understand why this mmi editor used the word "struggle" in the headline of this article. what message do you try to imply?

      some posters stated that the consumers shouldn't get confused when they purchased the phones/tablets bcs the product package/ui showed the company logo. but that is not the point. samxxx copied the look/ui of apple product to get your attention to try samxxx product. who can tell what is what when you are 20/30 feet away from the products. you glimps all the phones on the display shelf first and go to the one you think that is attractive to you. samxxx understand that. that is why apple must stop samxxx from copying the look/ui of apple product.
      The ui, as in the OS or button layout? The OS comes from Android which has nothing to do with Samsung. Android is solely made by Google. If you are talking about the button layout where do you want the buttons to be exactly? On the back of the device? Some of Samsung's devices had multiple buttons on the front, no physical buttons, and some had just one.

      As far as the look, refer to my prior post about who released the first phone that looks like the smartphones we all know today.
    1. domenicp's Avatar
      domenicp -
      Quote Originally Posted by MaStA819 View Post
      If Samsung copied Apple, then Apple copied the LG Prada. The LG Prada was released first, but of course an Apple fanboy won't admit that Apple ever did anything wrong. I've asked before and never received a response. Please tell me how a company is supposed to make a smartphone that doesn't resemble anything about the iPhone? A smartphone is a smartphone and they will all have similar features. What makes the Samsung phones a copy of the iPhone? The color? The shape? Black rectangular phones have been around for a long time... Samsung has smartphones with and without buttons on the front. Please explain what is a copy and what a company can do to make their phone not a "copy" of the iPhone? Basically what Apple wants are people to make circular smartphones three inches thick that are pink and have the mic on one side and the earpiece on the opposite side. Then they would be happy...F Apple.
      Look at any other phone from any other company other than samsung, and that's how you make a phone that does not look exactly like the iphone. This has nothing to do with your fanboy comment. If LG believes Apple copied/stole their design, then they are free to take action on that claim. Nowhere, have I claimed that Apple is a saint. No company is. Apple's chief designer was influenced by Braun design, and that is clear throughout all of Apple's products. In this case against Samsung, Apple's argument is a strong one.
    1. Anonymous's Avatar
      Anonymous -
      [/ arguing]
    1. MaStA819's Avatar
      MaStA819 -
      Quote Originally Posted by domenicp View Post
      Look at any other phone from any other company other than samsung, and that's how you make a phone that does not look exactly like the iphone. This has nothing to do with your fanboy comment. If LG believes Apple copied/stole their design, then they are free to take action on that claim. Nowhere, have I claimed that Apple is a saint. No company is. Apple's chief designer was influenced by Braun design, and that is clear throughout all of Apple's products. In this case against Samsung, Apple's argument is a strong one.
      You look and tell me that they all dont have a lot of similarities.

      MOTOROLA ATRIX HD - Modern White cell phone from AT&T
      Pantech Burst - Titanium (Refurbished) cell phone from AT&T
      Impulse 4G by AT&T (Refurbished) - Black cell phone from AT&T
      HTC One X - Gray cell phone from AT&T
      LG Nitro HD - Black cell phone from AT&T
      Nokia Lumia 900 - White - (Refurbished) cell phone from AT&T
      MOTOROLA ATRIX 2 - Black cell phone from AT&T
    1. Slimz's Avatar
      Slimz -
      Quote Originally Posted by sw606 View Post
      first of all, i don't understand why this mmi editor used the word "struggle" in the headline of this article. what message do you try to imply?

      some posters stated that the consumers shouldn't get confused when they purchased the phones/tablets bcs the product package/ui showed the company logo. but that is not the point. samxxx copied the look/ui of apple product to get your attention to try samxxx product. who can tell what is what when you are 20/30 feet away from the products. you glimps all the phones on the display shelf first and go to the one you think that is attractive to you. samxxx understand that. that is why apple must stop samxxx from copying the look/ui of apple product.
      If you can't differentiate the look of the phone or the UI from 20 feet away, you need new glasses. The phones are not even close, they are clearly without question bigger, and most without any physical buttons. Not to mention, they say SAMSUNG on them in big silver letters. The look isn't even close.

      As for the UI, it's apples and oranges. iOS looks nothing like Android from a distance. Especially because most Android phones and it's widgets set it far apart.
    1. n0id's Avatar
      n0id -
      Old people trying to keep up with technology.
    1. Mrteacup's Avatar
      Mrteacup -
      I wonder f there's ever been a costumer that was willing to spend 100$'s on a phone and wanted a Samsung phone but accidentally bought an iPhone... Yeah that's never happened
    1. sw606's Avatar
      sw606 -
      Quote Originally Posted by fadadman View Post
      ^^

      with that being said, perhaps you yourself work for Apple????
      i wish!

      Quote Originally Posted by fadadman View Post
      ^^

      with that being said, perhaps you yourself work for Apple????
      i wish!

      Quote Originally Posted by MaStA819 View Post
      The ui, as in the OS or button layout? The OS comes from Android which has nothing to do with Samsung. Android is solely made by Google. If you are talking about the button layout where do you want the buttons to be exactly? On the back of the device? Some of Samsung's devices had multiple buttons on the front, no physical buttons, and some had just one.

      As far as the look, refer to my prior post about who released the first phone that looks like the smartphones we all know today.
      if u are talking about lg prada, why lg did not suit apple? it's just like when u got caught speeding by police, u told police that the other car was speeding too, why not the other car? do u think the police would care? the suit is between apple and samxxx. if lg think its phone got copied, it would take action. samxxx does not need to worry for lg.

      as ui, yes, the android is from google. but samxxx builds its ui, which is based on android, to look like apple ui, which is based on apple ios. that is why apple is not happy with that.
    1. domenicp's Avatar
      domenicp -
      These are great examples of phones with similarities, but they are also distinctly different. The Samsung phones pictured in the article look exactly the same as the first gen iPhone.
    1. i.Annie's Avatar
      i.Annie -
      Awful lot of Android fanboys on an Apple forum.

      Seriously the whole Apple fanboy "insult" really isn't an insult. You judge people who defend Apple but you're just as hardcore if not more hardcore at defending Samsung. What makes any of you any better than what you're dissing?

      Besides, this whole Samsung copying Apple thing has some truth and benefit in it. I'm sure we all want to live in a peaceful world where nobody sues anybody and nobody talks trash about anybody. We all want to live in a world where we all hold hands an agree about everything. Yeah right lol. Android fanboys and Apple fanboys holding hands? Never gonna happen, so why would Apple go holding hands with Samsung? Those of you arguing over each other are no better than Apple suing Samsung. We're all the same, as individuals and as tech giants.

      Seriously though, competition plays a nice role in innovation and advancements in technology. Without competition, the motivation to be superior is diminished. This fight between Apple and every other company, it's for the good of our technological world.