Samsung's 'Crisis of Design' Memo Enters Patent Trial as Early Apple Designer Testifies on Confusion

The dispute between Apple and Samsung continues to play out in U.S. court, with Apple working its way through its list of witnesses as it seeks to convince a jury that Samsung has infringed upon patents and designs related to the iPhone and iPad.

Among the interesting developments yesterday was the admission into evidence of an internal Samsung memo acknowledging that the company had suffered a "crisis of design" after the introduction of the iPhone, with Apple's lawyers arguing that the memo is evidence of Samsung's strategy to shift gears and copy the iPhone's design. AllThingsD has more on the memo:

It’s a memo that Samsung didn’t want admitted into the trial, and until now had kept it out. But this morning, when Samsung legal counsel John Quinn mentioned the “crisis of design” moment in a question to Samsung strategist Justin Denison, all bets were off, and the memo was in.

“Influential figures outside the company come across the iPhone, and they point out that ‘Samsung is dozing off.’ All this time we’ve been paying all our attention to Nokia, and concentrated our efforts on things like Folder, Bar, Slide,” Shin wrote. “Yet when our UX is compared to the unexpected competitor Apple’s iPhone, the difference is truly that of Heaven and Earth. It’s a crisis of design.”

apple samsung logos
Today has seen early Apple designer Susan Kare on the stand testifying based on her expertise in user interface and icon design. The Verge is providing live updates on Kare's testimony in which she is expressing her belief that Samsung's products and user interfaces are confusingly similar to the iPhone. In support of her testimony, Kare notes that even she was confused during a pre-trial meeting about her role as an expert witness in the case, mistakenly picking up a Samsung phone when she was attempting to reach for an iPhone.

It is my opinion that the overall collection of graphic features that makes the overall visual impression could be confusing for a consumer. Partly I base that on my visual analysis. Partly, I remember when I was at the law firm about being a expert witness in this case there was a big conference table with many phones on it... I could see the screen and went to pick up the iPhone to make a point about the UI graphics, and I was holding a Samsung phone. I usually think of myself as someone who is pretty granular about looking at graphics, and I mistook one for the other. So, I guess in addition to my formal analysis I had the experience of being confused.

Cross-examination of Kare has primarily focused on walking through granular details of differences between Apple's and Samsung's icons, where Kare has admitted some differences. Samsung followed a similar tactic with Apple's previous expert witness in industrial design, Peter Bressler, with Apple's witnesses acknowledging some differences between Apple's and Samsung's products but emphasizing their belief in the overall impression being similar enough to cause consumer confusion.

As Apple moves through its witness list that was headlined last week by Phil Schiller and Scott Forstall, Samsung will be preparing to bring its own experts in to provide testimony arguing against Apple's claims that Samsung copied Apple's designs and intellectual property. Samsung has repeatedly tried to call into question Apple's claims that Samsung did not shift to its current design aesthetic until after the introduction of the iPhone, and will certainly seek to press that point as the case continues.

Top Rated Comments

Peace Avatar
139 months ago
Crisis. Ha !

So samsung decided to simply mimic the iPhone icons too.

http://www.appleinsider.com/articles/12/08/06/court_documents_allegedly_show_samsung_copied_iphone_icons.html







Score: 38 Votes (Like | Disagree)
Peace Avatar
139 months ago
In 2004 Nokia released the 7710, have a look at these icons:

Image (http://thenokiandtech.files.wordpress.com/2011/05/nokia-7710.jpg)

Still think Apple's are original?

If you can't see the obvious difference then just wow.
Score: 29 Votes (Like | Disagree)
LagunaSol Avatar
139 months ago
My guess is the Fandroids will find a way to discount Samsung's own admissions.
Ta da! Didn't take long:

It's already gone on record that "crisis of design" is a common phrase over at Samsung. So it in itself is not damning.
Riiight.

And the icons which were posted here are a ridiculous proof point. The green phone icon has long been the icon of choice way before the iPhone. And in a very similar way.

How many ways can you show an address book? Notepad?
Yes, of course Sam, and the only way to represent music is with a pair of blue or purple eighth notes overlaid on the image of a CD. :rolleyes:

Smell the desperation.
Score: 24 Votes (Like | Disagree)
sbrhwkp3 Avatar
139 months ago
If Samsung isn't guilty of patent infringement, they're definitely guilty of not going very far out of their way to be different. :apple:
Score: 24 Votes (Like | Disagree)
Uncle David Avatar
139 months ago
My guess is the Fandroids will find a way to discount Samsung's own admissions.
Score: 19 Votes (Like | Disagree)
LagunaSol Avatar
139 months ago
In 2004 Nokia released the 7710, have a look at these icons:

Image (http://thenokiandtech.files.wordpress.com/2011/05/nokia-7710.jpg)

Still think Apple's are original?

Um, I think you need to turn your computer display on. You obviously can't see what you're posting.
Score: 18 Votes (Like | Disagree)

Popular Stories

iPhone 15 Pro Buttons CAD Leak

iPhone 15 Pro Leak Reveals Unified Volume Button and Mute Button

Monday March 20, 2023 8:33 am PDT by
As previously rumored, the next-generation iPhone 15 Pro and iPhone 15 Pro Max will feature a unified volume button and a mute button, according to leaked CAD images shared in a video on the Chinese version of TikTok and posted to Twitter by ShrimpApplePro. Instead of separate buttons for volume up and volume down, the iPhone 15 Pro models are expected to have a single elongated button for...
original iphone auction

Factory-Sealed Original iPhone Sells for $55,000 at Auction

Friday March 17, 2023 1:08 pm PDT by
A first-generation iPhone still sealed inside its box sold for $54,904 at auction, which is more than $54,000 over the original $599 price tag of the device when it was released in 2007. The original iPhone was put up for sale by RR Auction on behalf of a former Apple employee who purchased it back when it first came out. Back in February, an original, sealed iPhone sold for over $63,000,...
iPhone 12 Pro vs iPhone 15 Pro Feature

iPhone 12 Pro vs. 15 Pro: New Features to Expect if You've Waited to Upgrade

Friday March 17, 2023 10:29 am PDT by
While year-over-year iPhone upgrades are not always groundbreaking, new features can begin to stack up over multiple generations. For example, the iPhone 15 Pro will be a notable upgrade for those who still have a three-year-old iPhone 12 Pro. If you are still using an iPhone 12 Pro and are considering upgrading to the iPhone 15 Pro when it launches later this year, we have put together a...
top stories 18mar2023

Top Stories: iPhone 15 Pro Pricing, New iOS 16.4 Beta, Siri vs. ChatGPT, and More

Saturday March 18, 2023 6:00 am PDT by
Apple's high-end iPhone models have started at $999 in the U.S. since they first launched back in 2017 with the iPhone X, but could this finally be the year that starting price sees an increase? This week also saw some more rumors about Apple's upcoming headset and the company's explorations in the booming AI industry as well as the release of a new round of beta updates, so read on for all...
iPhone 15 Pro Mock Feature Buttonless

iPhone 15 Pro Max to 'Break Record' for Thinnest Bezels on a Smartphone

Friday March 17, 2023 2:59 am PDT by
The iPhone 15 Pro Max will have the thinnest bezels of any smartphone, beating the record currently held by the Xiaomi 13. That's according to the leaker known as "Ice Universe," who has divulged accurate information about Apple's plans in the past. Both iPhone 15 Pro models are expected to have thinner, curved bezels compared to the iPhone 14 Pro, potentially resulting in an Apple...
iphone 14 pro max deep purple feature purple

iPhone 15 Pro Launching This Year With These 11 New Features

Monday March 13, 2023 6:47 am PDT by
While the iPhone 15 lineup is around six months away, there have already been plenty of rumors about the devices. Many new features and changes are expected for the iPhone 15 Pro models in particular, including a titanium frame and more. Below, we have recapped 11 features rumored for iPhone 15 Pro models that are not expected to be available on the standard iPhone 15 and iPhone 15 Plus:A17...
iOS 16

iOS 16.4 for iPhone Nearing Launch With These 5 New Features

Monday March 20, 2023 11:50 am PDT by
Apple says iOS 16.4 is coming in the spring, which began this week. In his Sunday newsletter, Bloomberg's Mark Gurman said the update should be released "in the next three weeks or so," meaning a public release is likely in late March or early April. iOS 16.4 remains in beta testing and introduces a handful of new features and changes for the iPhone. Below, we have recapped five new features ...