The Apple vs Samsung legal battle has entered into the second week, on the 4th day of the courtroom trial, which is underway in San Jose California.
The fourth day of the trial began with Justin Denison, Chief Strategy Officer of Samsung Telecommunications America continuing his testimony. He had been the last witness to be heard third day of trial. Denison was questioned by Apple’s legal team on whether he had ever asked Samsung designers to destroy materials that documented their design process, when creating devices resembling Apple’s products. To this, Denison stated that he had no reason to ask them do such things. This is contrary to Apple accusing Samsung for destroying evidence, for which the company has been sanctioned by the court.
Denison said that the company was going for “uniqueness”, when question by Samsung’s attorneys as to why the company released markedly different designs for different phones, such at the Galaxy S and Epic.
During the trial, Denison was also shown an internal Samsung communication , which was a reaction to the iPhone in which top executives said the company was facing a “crisis in design.” The document also stated that the difference between users experience of the iPhone and Samsung Omnia was “truly like that of Heaven and Earth.” Denison said that the expression was just a hyperbole meant to inspire the Samsung team.
Next in line to take the witness stand was Peter Bressler, a prominent industrial designer brought in as an independent expert witness by Apple. He walked the jury through three of Cupertino’s iOS design patents and explained the specific details covered in each.
When asked whether certain Samsung products are similar to the patents Apple holds for the original iPhone and the iPad., Bressler pointed out several Apple patent features such as the iPad’s flat face, rounded corners and black border under the tablet’s front glass panel as well as the original iPhone’s rounded corners and distinct bezel.
It was interesting to see an internal Samsung email produced by Apple lawyers that mentioned about customers returning their Galaxy Tab 10.1′s they purchased at Best Buy outlets because they thought they’d purchased the iPad 2.
Bressler reiterated the ‘consumer confusion’ aspect and said, “It’s my opinion that this phone, the design of this phone would be considered substantially the same,” when he was shown illustrations from Apple’s iPhone patents up against the Galaxy S 4G.
“You’re asking me to compare peanut butter and turkey,” Bressler exasperated, when he was grilled by Samsung’s attorney Verhoeven about differences in the radial measurement of the corners on one of its devices versus the iPhone. ”I believe the ordinary observer should be getting an overall impression of what the design of the phone is,” he said. “I don’t believe they should be examining teeny details the way you’re doing.”
Bressler stated that not all of Samsung’s devices infringe on Apple’s patents, citing the example of Samsung F700. After continued questioning by Verhoeven, Bressler appeared to contradict his own deposition testimony as to whether he had expertise in smartphone functionality. He said that had no direct evidence that consumers were confused between the two company’s devices.
By the end of the day, Verhoeven made sure the jury knew that Bressler’s testimony is paid for by Apple to the tune of $400 per hour, amounting to $75,000.
On Tuesday, the trial continues with Apple’s legal team questioning Peter Bressler further. Former Apple designer, Susan Kare who created some of the earliest Macintosh graphics and icons will also take the stand to testify.