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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. raduga's Avatar
      raduga -
      Quote Originally Posted by i.Annie View Post
      Awful lot of Android fanboys on an Apple forum.
      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.
      Seriously though, not everyone can be a fanboy.
      First, you have to be a boy.
    1. i.Annie's Avatar
      i.Annie -
      Not necessarily. Depends on how you look at it. If you want to be the one to point out gender roles...

      Like a fisherman. Can't a girl be a fisherman? Or does she have to go by fisherwoman to fit your standards?
    1. fadadman's Avatar
      fadadman -
      yes they do have some similarities, its just the era that we're in for cell phones. how comes HTC isn't taking Samsung to court for having its phones looking like theirs? likewise, how comes laptop makers like dell or hp dont sue each other for making similar looking laptops? before apple these kinds of cow cookies was unheard of.

      Quote Originally Posted by raduga View Post
      Seriously though, not everyone can be a fanboy.
      First, you have to be a boy.

      To welcome competition and planing to eradicate it are two different thing...or you think not????
    1. H4CK3R's Avatar
      H4CK3R -
      Quote Originally Posted by fadadman View Post
      yes they do have some similarities, its just the era that we're in for cell phones. how comes HTC isn't taking Samsung to court for having its phones looking like theirs? likewise, how comes laptop makers like dell or hp dont sue each other for making similar looking laptops? before apple these kinds of cow cookies was unheard of.




      To welcome competition and planing to eradicate it are two different thing...or you think not????
      Apple is always in a legal battle. They're more aggressive than most companies about patents too, which is why Apple is always in court (I feel bad for their lawyers lmao) But Apple just seems to take it more aggressively than most. I have no clue why HTC doesn't sue Samsung though...

      But Samsung's phones do look a lot like the iPhone, so I can't blame Apple for taking action, especially because of all the evidence they have against them.
    1. raduga's Avatar
      raduga -
      Quote Originally Posted by fadadman View Post
      To welcome competition and planing to eradicate it are two different thing...or you think not????
      For the record, I am not in favor of eradicating fanboys either.
      And because of the similarities between boys and girls, I'd say girls can definitely be fishermen too.

      Cooperation between between genders seems to work better than competition, usually.
      Eradication of competition, or eradication of gender.... I'm not sure.