Apple v. Samsung Compilation Story for Last Week and Beginning of This Week

[dgstorm]

The end of last week marked a couple of events in the Apple vs. Samsung trial. Here's a quick breakdown with some links for full details.

First, Judge Lucy Koh has barred one of Samsung's key witnesses from testifying in the trial. The witness is Hyong Shin Park, who was Samsung's lead designer for the F700 phone. Park was planning on testifying that the F700 was design-inspired by a "bowl of water" and would have reiterated that Samsung's choice of shapes, like rounded corners and the rectangular shape of the device were not about design but are simply about functionality. One of the other points that Samsung is trying to make is that Park's design is from December 2006, before Apple even launched its first iPhone.

Apple requested Park be barred from the trial and Judge Koh ruled in their favor. Apple's argument to the court was that the F700 isn't one of the accused phones. They also argued that her testimony was irrelevant because she didn't design any of the products that Apple claims are copying the iPhone. Apple also mentioned the fact that Park wasn't aware whether any of the accused Samsung phones were based on the F700. Apparently, the Judge agreed with this argument. This is a fairly sharp blow to Samsung.

The second bit of news from the trial is that Judge Koh is fed up with both sides over their bickering on Jury instructions. They met on Sunday to go over Jury instructions, and could not get anything ironed out. She ordered both of them to meet on Monday morning to file joint and disputed jury instructions. Here's a quote with some details,

Late Friday, Apple told the court that "although [it] has tried diligently to advance the process, Samsung has stymied those efforts", and asked the court for help. A couple of hours later came Samsung's reply. "(Samsung) has agreed to more than twenty revised instructions proposed by Apple and is continuing to review Apple's remaining disputed instructions for any common ground." While Samsung said it has agreed to twenty revised instructions from Apple, the Korean manufacturer said Apple agreed to only two jury instructions written by Samsung and one of those was merely the model used by the 9th Circuit.

This is a pretty big deal, because Jury instructions are the last words that a Jury hears and an outcome can sometimes hinge on the slightest detail. We will bring you another compilation either at the end of this week, or early next week if something new and interesting develops.

Source: CNET and PhoneArena

 

[jayman350]

there is so much garbage going on in this case that it really doesn't even matter what the outcome is going to be, because the result is going to be appealed by either loser.

Judge Koh is not helping things either. She has been clearly biased towards Apple for just about everything that has been discussed about this trial. Remember how "visibly upset" she got when Samsung wanted to introduce more evidence. Aren't judges supposed to be impartial and unbiased? Why would you get so upset about one party wanting to introduce evidence that will be damaging to the other if you didn't have something to lose?

We are not going to see the end of this for a LOOOOOOONG time

 

[mountainbikermark]

No matter how it turns out WE lose. Until the words anti trust come into play this nonsense won't stop. The whole thing is the pot calling the kettle black by both sides.

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[tjk629]

Remember how "visibly upset" she got when Samsung wanted to introduce more evidence.

She got "visibly upset" when Samsung publicly leaked evidence that she previously rejected. Not because they wanted to show more.

Either way, I don't know what she's up too, but the F700 looks like a very early Galaxy prototype. Especially when it comes to that center button. I don't know why this wouldn't be used to show that the Galaxy concept was designed around this existing device. Obviously, when a company puts a lot of money into a phone design (or any design) they stick with it for a while. I mean look at the Razr. That slim design was used for how many phones for how many years at Motorola? It even looks like they're using the newer razr design for their phones now as well. Hell, even Apple has been doing it with the iPhone/iPad. Both of these devices haven't had a "radical" design change at all. Plus, the iPad design is pretty much just a stretched out iPhone.

 

[jayman350]

She got "visibly upset" when Samsung publicly leaked evidence that she previously rejected. Not because they wanted to show more.

grrrr I knew I was forgetting some part of that story. yes you are correct, the lawyers leaked the reports after she denied them.

[h=2]Perry Mason-like Drama Emerges From Samsung v. Apple Fight; Judge Koh "visibly upset"[/h]link to the original article since it is a lot more involved than I had remembered

 

[MissionImprobable]

More garbabe as usual. Microsoft includes Window's Media Player by default, anti-trust suit; Apple doesn't let you change default apps and forces you to use iTunes, injuctions against any and everyone they like. Makes sense.

 

[tjk629]

grrrr I knew I was forgetting some part of that story. yes you are correct, the lawyers leaked the reports after she denied them.

Perry Mason-like Drama Emerges From Samsung v. Apple Fight; Judge Koh "visibly upset"

link to the original article since it is a lot more involved than I had remembered

I can't keep straight most of what's going on with this case. I can't even remember what evidence they leaked. I think it was like past Samsung designs.

More garbabe as usual. Microsoft includes Window's Media Player by default, anti-trust suit; Apple doesn't let you change default apps and forces you to use iTunes, injuctions against any and everyone they like. Makes sense.

I always thought that was weird. MS gets anti-trust lawsuits for including IE in Windows, but Apple can include Safari, and it's a okay. I remember saying something about that on a forum, and I got a very angry PM from someone who told me it was because Microsoft controls everything, and it's wrong for them to do it.

 

[jseah]

Looks like Samsung may have some ammo to invalidate one of Apple's patents. They are introducing into evidence that Mitsubishi demoed their Diamond Touch to Apple back in 2003. The device had the ability to allow the user to shrink and expand images by grabbing their virtual corners (i.e. pinch to zoom).

 

[MissionImprobable]

That is good news.

 

[Bowtie]

At this point, with all the shenanigans the judge has pulled, Samsung just needs to get this trial ended as fast as possible so they can get the appeal process started and get a fair trial going.

 

[Bowtie]

Looks like Samsung may have some ammo to invalidate one of Apple's patents. They are introducing into evidence that Mitsubishi demoed their Diamond Touch to Apple back in 2003. The device had the ability to allow the user to shrink and expand images by grabbing their virtual corners (i.e. pinch to zoom).

$5 says the judge won't allow it to be entered into evidence.

 

[nikecar]

Looks like Samsung may have some ammo to invalidate one of Apple's patents. They are introducing into evidence that Mitsubishi demoed their Diamond Touch to Apple back in 2003. The device had the ability to allow the user to shrink and expand images by grabbing their virtual corners (i.e. pinch to zoom).

Apple contends that since samsung isn't using that patent its not relevant

 

[MissionImprobable]

That counter makes little sense as the evidence shows clear prior art.