In testimony today, Peter Bressler -- an early president for this Industrial Designers Society in addition to the founder and board chair of product design firm Bresslergroup -- said numerous Samsung designs infringed on Apple's patented designs.
"My opinion (is) that there are several different Samsung phones and a couple Samsung tablets that happen to be substantially in the same way the style and design in those (Apple) patents," Bressler said.
As an end result, Bressler suggested that consumers could confuse probably Samsung's devices with Apple's.
To back that period up, Bressler, the inventor or co-inventor on about 70 patents, went through the how nearly 10 Samsung devices were such as Apple's. That features Samsung's first-- and second-generation Galaxy S devices, besides the company's Galaxy tablets.
Bressler also tried to gut Samsung's prior art defense, which cites a Japanese design patent issued to rival electronics firm Sharp in 2005. That device, which Samsung suggests feels like the iPhone, is unlike the techniques depicted in Apple's patents as it has curved, non-flat front, Bressler argued.
Related postsSamsung on peace with Apple: 'The ball's on their court'Samsung tries to fight zombie phones in Apple verdict fallout Apple, Samsung for a second time haggle over damagesApple, Samsung return to the court for key hearing tomorrow Judge: Patents in Apple-HTC settlement deal is not to be sealedIt's not to begin with these design claims have been spelled out in the event, which pits the tech competitors and partners at the other person. However, it's actually even an deepest inspection made usually in the trial thus far of the things Apple's design patents cover. As part own words, Bressler said one of the several key issues on the line could be the industrial designers see things differently than he said were "normal" people.
"Industrial designers are trained to look out for some of the little details that really work together to create the all around impression where the usual consumer would view," he explained. "So (consumers) could see those details, even so they are often somewhat subconscious in direction of the overall view."
Despite those claims, Samsung's attorneys pushed Bressler on how well he really knew how customers shopped. That included getting him to confess which he hadn't witnessed any customers accidentally getting a product from either Apple or Samsung, believing previously it was belonging to the other company, and instead was using information furnished by Apple this in a Samsung-led study on Greatest coupe shoppers.
Samsung also attempt to raise doubts about Bressler's understandings of design, asking him about numerous details from button designs onAndroid phones, to your angles, and bezels on accused Samsung devices. At one point during cross-examination, Bressler became audibly irritated in the questions
"You're asking me to compare and contrast peanut butter and turkey," Bressler said. When asked which device was which food, he explained "I'm getting aggravated by how much detail you're asking me to research."
PDF: Bressler analysis Apple v. Samsung designs
Bressler among the several design specialists Apple is calling on to provide its argument, and told a legal court that your particular technology company was paying him $400 an hour or so for his services, which up to date had leaded to $75,000 property value of work. Up after him, along with supposed to testify, is Susan Kare, an early on Apple employee and designer who may be most commonly known for creating the very first variety of graphics on theMac.
Earlier from your day, Samsung's top strategy officer, Justin Denison, was over a stand where he offered a sharply different interpretation, rebutting allegations that Samsung had "slavishly" copied Apple's own iPhones and iPads.
"I realize it is very offensive," Denison said. "At Samsung, we're super very proud of the products or services we produce, of the diligence that assumes bringing those products in order to."
"What we would like to have the ability do is compete out there, continue what we're doing businesses nexus 4 bumper 10 years you can get," he added.
But here is the crux of a dispute among the companies. In past document dumps, as an illustration, Apple submitted evidence to buttress its declare that Samsung took its product design cues through iPad and iPhone. (Start to see the accompanying gallery make by Apple below.)
On an earlier deposition, Bressler elaborated at length on his conclusions. Depending on his analysis of the designs applied by both companies during their commercial products, he said that Samsung were bound by function as wll as considered alternative designs possess not the same the tablets it later released.
To provide an example, among the many Samsung tablet models featured a good, nexus 4 case bumper opaque frame along the front surface for the monitor. Even though Samsung and also of manufacturers have commercially released tablets with alternative, different-looking designs demonstrates that Samsung had the advantage of an assortment of design options may have given equivalent or similar functionality on your consumer. These alternative designs belie any suggestion that utilitarian or functional considerations dictated the style of the D'889 patent or of Samsung's Galaxy Tab 10.1.
From top row, from left to right: Sony Tablet S, Barnes & Noble Nook Tablet, Coby Kyros, Acer Iconia A500, Sony Tablet P, and Vinci Tablet. Bresslers deposition pointed to that lead as designs associated with Designer Nexus 4 Case some alternatives of commercialized.
(Credit:Case No. 11 cv-01846-LHK sf-3156899,Promise of Peter Bressler)Updated at 2:45 p.m. PT with additional information inside the testimony.
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