Last week we found out that back in 2006 Apple Industrial Designer, Shin Nishibori, was asked to create mockups of what an iPhone-like device would look like if created by Sony. Nishibori’s prototype mockups have become a hot item of debate in the Apple vs Samsung trial as Samsung was hoping to use them as evidence that Apple copied Sony.
The court recently dismissed the images, but Samsung wanted to get their creator on the stand. Even though Shin Nishibori no longer works for Apple and now lives in Hawaii, Samsung was hoping to subpoena him to the court and have him testify against Apple. How were they going to get him there? A $60 check.
Included in Shin Nishibori’s subpoena was a $60 check to cover expenses of the trip. Maybe Samsung hasn’t checked the prices on flights from Hawaii to San Jose in a while, but a round-trip ticket costs a lot more than 60 bucks. Another possibility is that Samsung knew their subpoena to Nishibori would not be properly served but they wanted to appear to have made an effort.
Nishibori’s lawyer sent the subpoena back to Judge Koh in San Jose, claiming the subpoena was not properly served, and that Mr. Nishibori is trying to recover from several health issue. A full transcript of the letter is attached below:
Source: AllThings D
Buster Hein is a freelance writer who lives in Phoenix, Arizona. Twitter: @bst3r.
8 responses to “Samsung Tried To Send Former Apple Designer $60 To Testify In Trial”
60 bucks? That’s pretty generous. In my state the Sheriff gives you a whopping $2 (cash!) when you’re subpoenaed to testify. It’s a quaint custom held over from when 2 dollars would actually compensate you for your time, and it would prevent parties from subpoenaing everyone and their dog. I wonder if Mr Nishibori gets to keep the $60 if he succeeds in quashing the subpoena.
Busted! Samsuck…
Samsung did nothing wrong. By law, a subpoenaed witness must be paid fees for their appearance. These fees are set by statute, but are painfully out date.
The letter from Apple’s counsel is not complaining about the witness receiving $60. Rather, the lawyers allege that the subpoena was served improperly.
$60 is not even enough to bribe a Chicago area Maitre ‘d.
http://www.youtube.com/watch?v=7HNd3qz68Zw&feature=youtube_gdata_player
cheapskate Samsuck!
It’s actually a smart move.
I’m as huge of an Apple fanboy as they come. I’m also a lawyer, so I haves little more insight to legal strategy than Joe on the street.
It doesn’t matter if the witness doesn’t currently work for Apple. All that matters is that he has relevant knowledge. If Samsung can show that that Apple reasonably expected, before the iPhone was even released, that a touchscreen-enabled phone would have certain features and design similar to the iPhone, that’s huge. If they can get a designer, especially a former Apple designer, to admit on the stand that the commonalities are a case of form following function, Samsung has effectively shot Apple out of the water.
Note that this comment is based on my limited knowledge of intellectual property law. I would gladly defer to an IP expert.