“Anyone else out there losing sleep in anticipation of next week’s big Apple-Samsung trial?” Ashby Jones wonders for The Wall Street Journal. “We can’t admit that our excitement has yet reached those levels, but we are paying close attention to all-things-smartphone-patents heading into the trial’s start.”
Jones reports, “Anyone who’s following along would be well-served by checking out two new documents that just hit the docket out in San Jose, Calif. They’re Apple and Samsung’s trial briefs, which lay out, in readable detail (and with color photos!) what each side will attempt to prove to the 10-person jury. For now, some highlights from Apple’s brief…”
Samsung cannot change the central fact that its products are strikingly similar to Apple’s patented designs. Nor can it change the novelty and extraordinary success of Apple’s designs. Samsung will instead attempt to confuse the issues with a hodgepodge of defenses based on incorrect legal standards. Samsung’s defenses will fail.
When Samsung released copycat smartphones in July 2010, Apple immediately confronted Samsung to demand that it stop infringing. Senior Apple executives showed Samsung, in side-by-side comparisons, how the design of the Galaxy phone imitated the iPhone and walked Samsung through how the product infringed various Apple utility patents, including the ’381. (PX 52 at17-19, 50-51.) Samsung was undeterred. It continued to release infringing products. In fact, after learning [redacted material] Samsung’s response was to design its next-generation tablet to look even more like an iPad 2.
More highlights in the full article here.
MacDailyNews Take: Here’s what Google’s Android looked like before and after Apple’s iPhone:
Apple’s products came first, then Samsung’s:
[Thanks to MacDailyNews Reader “Brawndo Drinker” for the heads up.]
Now Samsung slavishly copies Apple’s Mac mini – June 1, 2012
Samsung Mobile chief ‘designer’ denies that Samsung’s instinct is to slavishly copy Apple – March 23, 2012
Slavish copier Samsung shamelessly steals Apple’s iPhone 3G design – again – January 3, 2012
Slavish copier Samsung uses girl actress from iPhone 4S ad for Galaxy Tab 8.9 spot (with video) – January 2, 2012
Now Samsung’s slavishly copying Apple’s iPad television ads (with videos) – December 30, 2011
Judge: Can you tell me which is iPad and which is yours? Samsung lawyer: ‘Not at this distance your honor’ – October 14, 2011
Why are Apple’s icons on the wall of Samsung’s store? – September 24, 2011
Apple to Samsung: ‘Blatant copying is wrong’ – April 18, 2011
Apple sues Samsung for attempting to copy look and feel of iPhone, iPad – April 18, 2011
Samsung’s ‘Instinct’ is obviously to make Apple iPhone knockoffs – April 1, 2008