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.”


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

(View all)
Avatar
106 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)
Avatar
106 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)
Avatar
106 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)
Avatar
106 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)
Avatar
106 months ago
My guess is the Fandroids will find a way to discount Samsung's own admissions.
Score: 19 Votes (Like | Disagree)
Avatar
106 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)

Top Stories

Here's How You Can Download iOS 14 and iPadOS 14 Around the World [It's Out]

Wednesday September 16, 2020 2:36 am PDT by
Apple's official public release of iOS 14 and iPadOS 14 dropped on Wednesday, September 16, just a day after the company released the Golden Master to third-party developers. Also set to be made available to the general public for the first time are watchOS 7 and tvOS 14. Getting Started With iOS 14 Video Click image to watch iOS 14 Getting Started While that's left a lot of developers...

When Will the iPhone 12 Launch? Here's What We Know

Wednesday September 16, 2020 6:12 am PDT by
Yesterday's "Time Flies" Apple event saw the release of the Apple Watch Series 6, Apple Watch SE, iPad 8, and iPad Air 4, but no new iPhone models. Rumors before the event strongly alleged that it would not see the unveiling of new iPhones, with many reports pointing to an October launch. The lack of new iPhone models yesterday seems to confirm that the iPhone 12 lineup will not appear...

Apple Releases iOS 14 and iPadOS 14 With Home Screen Redesign, App Library, Compact UI, Translate App, Scribble Support, App Clips, and More

Wednesday September 16, 2020 12:48 pm PDT by
Apple has released iOS 14 and iPadOS 14, the newest operating system updates designed for the iPhone and iPad. As with all of Apple's software updates, iOS 14 and iPadOS 14 can be downloaded for free. iOS 14 is available on the iPhone 6s and later, while iPadOS 14 is available on the iPad Air 2 and later. The updates are available on all eligible devices over-the-air in the Settings app. To ...

Apple Releases Safari 14 for Mac Ahead of macOS Big Sur Launch

Wednesday September 16, 2020 1:40 pm PDT by
macOS Big Sur didn't launch alongside iOS 14, iPadOS 14, tvOS 14, and watchOS 7 today, with the update coming later this fall, but Apple did release the Safari 14 update for macOS Catalina and macOS Mojave users. Safari 14 brings improved performance, customizable start pages, a Privacy Report to see which cross-site trackers are being blocked, and a new tab bar design that provides tab...

Apple Updates AirPods 2 and AirPods Pro Firmware to Version 3A283

Monday September 14, 2020 11:24 am PDT by
Apple today released new 3A283 firmware updates for the second-generation AirPods and the AirPods Pro. The second-generation AirPods are being updated from the 2D15 firmware they were previously running, while the AirPods Pros are being updated from the 2D27 firmware they had installed previously. Apple does not provide details on what's included in refreshed firmware so we don't know what's ...

iOS 14 Picture in Picture No Longer Working With YouTube's Mobile Website in Safari [Without Premium]

Friday September 18, 2020 12:21 pm PDT by
Apple in iOS 14 added Picture in Picture to the iPhone, a feature designed to let you watch a video in a small screen on your device while you continue to do other things on the phone. When Picture in Picture was working with YouTube The YouTube app doesn't support Picture in Picture, but up until yesterday there was a functional workaround that allowed videos from YouTube.com to be watched...

Hands-On With the New Apple Watch Series 6 and Apple Watch SE

Friday September 18, 2020 1:19 pm PDT by
Today's the official launch date for the Apple Watch Series 6 and the Apple Watch SE, both of which Apple announced on Tuesday. We picked up a couple of the new models and thought we'd give them a quick look for MacRumors readers thinking of ordering a new watch. Apple Watch Series 6 & Apple Watch SE Hands-On! When it comes to design, both the $399 Series 6 and the $279 SE look just like...

iOS 14.2 Beta Adds New Shazam Music Recognition Feature for Control Center

Thursday September 17, 2020 3:36 pm PDT by
Apple today released the first beta of iOS 14.2 to developers for testing purposes, and the new update introduces a Music Recognition control for the Control Center. The new feature lets you discover music playing around you and it recognizes the music playing with in apps, even when you're wearing AirPods. Songs pop up as notifications, and you can tap to listen in Apple Music....

8 Third-Party Home Screen Widgets That You Can Try Out Now on iOS 14

Wednesday August 5, 2020 12:56 pm PDT by
One of the biggest new features of iOS 14 is Home Screen widgets, which provide information from apps at a glance. The widgets can be pinned to the Home Screen in various spots and sizes, allowing for many different layouts. When the iOS 14 beta was first released in June, widgets were limited to Apple's own apps like Calendar and Weather, but several third-party developers have begun to test ...

Apple Releases watchOS 7 With New Watch Faces, Family Setup, Sleep Tracking, Handwashing Help and More

Wednesday September 16, 2020 12:47 pm PDT by
Apple today released watchOS 7, the newest version of the watchOS operating system designed to run on modern Apple Watch models. The watchOS 7 update comes after several months of beta testing. ‌watchOS 7‌ can be downloaded for free through the dedicated Apple Watch app on the iPhone by going to General > Software Update. To install the new software, the Apple Watch needs to have at...