The Apple-Samsung trial: What Apple will attempt to prove

“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:

Google Android before and after Apple iPhone

Apple’s products came first, then Samsung’s:

Samsung Galaxy and Galaxy Tab Trade Dress Infringement

[Thanks to MacDailyNews Reader “Brawndo Drinker” for the heads up.]

Related articles:
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


    1. cute. LG had already had access to Apple patents before the iPhone was released. Apple’s work on iPhone began in the early 2000’s – that’s when these patents started appearing.

      Much like Samsung and google have seen Apples patents for buttonless devices and already beat them to release

      1. Also, check this link:

        It shows a Samsung phone announced around the same time as the iPhone. Other phone companies had touch screen phones, it was inevitable that touch screens were going to take over. How many different ways could there be to do a touch screen?

  1. sorry, couldn’t help myself:
    ” … twenty seven eight-by-ten color glossy photographs with circles and arrows and a paragraph on the back … ”
    and the judge is blind.

    1. Man came in, said, “All rise!” We all stood up, and {Officer} Obie stood up with the
      twenty-seven 8 x 10 colored glossy pictures, and the judge walked in, sat
      down, with a seein’ eye dog and he sat down. We sat down.

      Obie looked at the seein’ eye dog . . . then at the twenty-seven 8 x 10
      colored glossy pictures with the circles and arrows and a paragraph on the
      back of each one . . . and looked at the seein’ eye dog . . . and then at
      the twenty-seven 8 x 10 colored glossy pictures with the circles and arrows
      and a paragraph on the back of each on and began to cry.

      Because Obie came to the realization that it was a typical case of American
      blind justice
      , and there wasn’t nothin’ he could do about it, and the judge
      wasn’t gonna look at the twenty-seven 8 by 10 colored glossy pictures with
      the circles and arrows and a paragraph on the back of each one explainin’
      what each one was, to be used as evidence against us.

      Alice’s Restaurant, by Arlo Guthrie

      Thanks Tritoma for for bring it up.

      BTW, the story in the song is all true.

    1. – priority #4 bury kimchee
      – priority #5 let it decompose for 20 years, then dig it up and have it for breakfast, lunch, and dinner. Save some for tomorrow.

    2. – priority #5 keep copy Apple and claim their own
      – priority #6 claim Confucius are korean
      – priority #7 claim Korea invented Chinese characters
      – priority #8 claim Korea invented the universe
      – priority #9 bury more kimchee

  2. i don’t know why people can’t factual and admit that Samsung copied Apple in all ways. Don’t think because samsung offers varieties of smartphone justifies it plifering act of intellectual property

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