After five days of duking it out in court, Samsung brought out the big guns and booted up three devices for the jury.
Hoping to show them just how easy it is to differentiate between their products and Apple's, Samsung brought up exactly how many steps it takes before consumers can even see so many of the design aspects Apple claims Samsung copied.
One of the major points brought up by Apple in opening statements was that Samsung's devices are so similar to theirs that consumers could end up mistaking a Samsung device for an Apple one.
To defend themselves, Samsung first booted up the Droid Charge, showing that consumers had to turn the device on, unlock it, and then hit a software button in order to pull up a list of applications. This meant users would first see a large Samsung splash title screen, an animated video with the iconic robotic "DROID" sound and then have to go through two more steps before seeing all of the phone's application icons.
This was significant because Apple spent a majority of the day having expert witness Susan Kare testify regarding how the similarities between iconography and home-screen layout infringed on Apple's design patents. After booting up the Droid, the company booted up an iPhone showing how Apple's product starts up with a distinct Apple logo before going into the home screen.
Samsung's counsel Charles Verhoeven continued this defense with Apple's next expert, Russell Winer, who pointed out similarities between the Galaxy Tab 10.1 and the iPad. With Apple using the Samsung-led Best Buy study for their argument, Samsung snapped back by turning on the Galaxy Tab to show how easy it is to differentiate between the two.
Like the Droid Charge earlier, the Galaxy Tab booted up with a Samsung splash screen, this time also clearly showing the name of the device. For more information about what went on in the courtroom, check out the source article from Cnet.
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Vorador2 Also, the big Samsung logo on the front of most Samsung devices. Apple and their experts seems to be consistently missing it.Reply -
nbelote Can't distinguish?Reply
So consumers are illiterate (can't read the words "Galaxy Tab" or "iPad" printed directly on the tablet) and stupid (don't look at the box of the product they are buying)? Yup, describes me to a "T." -
raytseng I think this whole line of questioning is more along the lines of how many kids on christmas day are disappointing their parents got them a Playstation instead of an xbox (or viceversa). Or got an xbox instead of an xbox360. or a ps2 instead of a ps3.Reply
Should PS3s now have stickers on them saying "NOT AN XBOX, not a PS2" and XBOXs have stickers saying "NOT A PS3"
The person who really wanted the thing, usually knows or figures it out.
They just are uninformed buyers, but weren't misled.
Unless they are truly misrepresenting the product like a Sorny or Panasorniac, or a Roolex.
If I were on the jury I'd say that is a BS argument and actually hold it against Apple's lawyers for trying to pull BS. -
Anomalyx Vorador2Also, the big Samsung logo on the front of most Samsung devices. Apple and their experts seems to be consistently missing it.Don't forget, it's on the box too! Distinguishable by anyone who can read, before they even purchase it. Plus, it has nothing to do with the product, but with the box it comes in.Reply
Ever since schools started teaching WHAT to think instead of HOW to think, humankind has gotten dumber and dumber. No, I don't think it can be fixed - people are too dumb to realize it needs fixing. All I can do is seek to make myself smarter. -
raytsengUnless they are truly misrepresenting the product like a Sorny or Panasorniac, or a Roolex.Reply
Are you dissing my Roolex/ ;P
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face-plants This case has become a daily source of entertainment for me. All my feelings about the legitimacy of the argument have been hashed out ad nauseam but now I am just reveling in the humor of Apple's arguments. The only possible scenario I could imagine someone confusing the two tablets or two smartphones would be if someone else was sent to the store to pick up an iPad or iPhone for someone else and was completely oblivious to product packaging and the massive amount of advertisements for both products they have surely seen.Reply
I know there may be a small group of people who'd buy an electronic device for 100's of dollars without knowing what it is but their percentage of the total smartphone and tablet buyers must be negligible.