Apple v. Samsung: Expert witness testifies that most Galaxy devices infringe Apple patents, trade dress

“Apple’s expert witness, Peter Bressler, adjunct associate professor at the University of Pennsylvania (and president of the Industrial Designers Society of America between 1989 to 1990), essentially confirmed everything Apple has asserted against Samsung in relation to design patents,” Jordan Crook reports for TechCrunch.

“The patent expert, who has been called as an expert witness in seven different trials, affirmed everything Apple had originally accused Samsung of, claiming that about a dozen devices, including Samsung’s Galaxy S, Galaxy S II, and Galaxy Tabs, infringe Apple’s three patents,” Crook reports.

Crook reports, “The conversation then moved to Apple’s trade dress claims. Trade dress centers more around the general aesthetic of a brand’s products that differentiate them in the market. Think McDonald’s golden arches. Apple is asserting one trade dress registration which covers both the iPad and iPhone’s distinctly ‘Apple’ design. Mr. Bressler argued that there are plenty of alternative designs [Samsung could have applied] to both the phone and the tablet that would still [have] achieve[d] the same functionality.”

Read more in the full article here.

MacDailyNews Take: Of course, Apple’s expert will agree with Apple. And, yet, the noose seems to be tightening. Samsung has yet to call their “expert” – most likely some random guy off the street with pockets newly stuffed full with Samsung slush funds.

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

Samsung Galaxy and Galaxy Tab Trade Dress Infringement

Here’s what Google’s Android looked like before and after Apple’s iPhone:

Google Android before and after Apple iPhone

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  1. It isn’t the testimony of the “expert” that matters so much, its the credentials of the witness

    (adjunct associate professor at the University of Pennsylvania, president of the Industrial Designers Society of America between 1989 to 1990),
    called as an expert witness in seven different trials).

    Apple’s “expert” has terrific credentials. The jury is going to believe him.

    1. You are correct, it’s not so much what is said but the reputation of the (Professional) witness that is taken to task.

      TecCrunch is missing the exact wording of the testimony between the Witness and the Lawyer’s, until the transcripts are released it does gets the point across.

  2. quote from article: “Crook reports, “The conversation then moved…”

    My question of the day is: Why this overuse of the word “conversation” when the word needed is “discussion.” A conversation is something informal, social; whereas a discussion is more formal and professional. These days writers seem to prefer “conversation” over “discussion.” WFT?

  3. On cross examination I would ask that “Expert” to reach in his pocket and fish out his smart phone. If it’s an Apple device. I won’t believe him. And yes the Apple expert gets paid just like the Samsung one will.

        1. They would think he was expert enough by being smart enough not follow the crowd. Actually he should have one of each. Now what are you going to pat each other on the back for????

          1. I would believe you have a brain in your skull when I see a surgeon open it up with a buzz saw shine a light inside of it and I see pulsating grayish-pink matter.

            Until that time, I will assume your cranial cavity is empty.

      1. > But if he were to pull a Samsung device out of his pocket, people won’t believe he is an expert.

        * Correction if he pulls out a Samsung device people won’t believe he is an APPLE paid expert … whose expertise expired in 1990 before the iPhone. (ooops!)

    1. Beyond a poor grasp of grammar, you appear to also not be familiar with many Asian technology companies – and are generalising an entire continent of distinct countries. Take Nintendo, for example. One can’t deny that they, like Apple, show willing to think outside the box* and push innovation in their field.

      (*Except, y’know, for the GameCube. Literally.)

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