Apple-Samsung Trial: Apple’s Closing Evidence [Slides]

Apple-Samsung Trial: Apple’s Closing Evidence [Slides]

A slide from Apple’s closing presentation shows the similarities between iPhone and Galaxy icons.

San Jose, CA — A close look at the presentation of Apple’s closing statement in its trial against Samsung reveals the company has a strong and persuasive argument and may lead to a financial windfall.

The presentation, shown live during closing arguments by lead attorneys Harold McElhinny and Bill Lee, describes the main reasons why Apple was compelled to sue Samsung in the first place. While some observers believe this trial is only the opening salvo against a larger attempt to break the iPhone’s alleged main copycat, Google’s Android OS, the focus on hardware design in the slides show Samsung has an awful lot to fear. In particular, pictures of Samsung products pre- and post-iPhone announcement show a stark difference in industrial design. And features in Samsung products, from aluminum rounded corners to the size of the screen bezel, are uncomfortably similar to Apple products.

The closing arguments also focus on the first-screen UI of the competing gadget’s operating system and on icon design. One of the most compelling testimonies about the process of design was provided by Jinyeun Wang, a senior Samsung design executive. As the person in charge of building icons for its Galaxy line of phones, she revealed the grueling schedule of the icon-building process in order to show how much her team had worked on creating something innovative. But the images tell a different story. After the iPhone was announced, she said several colleagues of hers exchanged emails expressing admiration for Apple’s phone and sharing their anxiety about the quality of their phones when compared against it. Wang’s team went on a three-month race to catch up, a time Apple lawyers described as the period of “intense copying” of iPhone features.

The appearance of the Samsung phones that came about after this period, in both software and hardware,  was remarkably similar to the iPhone. The icons shared similar-looking corners, a reflective surface, and nearly identical color patterns.

When the design was complete, the icons in the new Android-based phone looked as smooth and nice as those of Apple’s. But did they go too far in their admiration? Did they set out to copy the “look and feel” of the iPhone and were not merely inspired by it?

These are the type of questions the jury is currently debating. Wang certainly made a compelling argument that she and her team worked hard. And her and her colleague’s educational background and professional conduct are seemingly excellent. But the intense product cycle and other pressures of high-end electronics are bound to make people do things they would not usually do. The jury must decide on these type of questions and more.

The closing presentation in the slides below also describe “damage scenarios” jurors may consider when deciding on a final damage figure.

Jurors in the Apple-Samsung patent trial began deliberations a few hours ago. The deliberation process is closed to the public and the media. The final decision, which could come after a few days or even weeks, may affect the future of product innovation and manufacturing in the U.S. and also submit huge financial damages to one or both of the companies. As noted yesterday in our live blog, damages against Samsung may reach in the billions of dollars and an Apple loss in the adjoining countersuit could combine a $500M penalty on its own iPhone patents while possibly breaking some of Apple’s iPhone and iPad patents.

Apple ClosingApple-Samsung Trial: Apple’s Closing Evidence [Slides]

  • copperbum

    seriously my old nokia had a green phone icon on it and a clock for the time and date settings. pretty weak closing case

  • ChadMobley

    I do believe that Apple will win the majority of the case. I also believe that it will be somewhat of a split between the two companies.

  • RaptorOO7

    I disagree with the witness and her finding that the icons were the same. How many different ways can you reflect a clock or a photo gallery. The icons are not the same, except maybe the phone icon, but still most of those icons look more closer to stock Android than iOS.

    I suspect this will be a draw or both sides will lose cash on this deal. Apple should not have been or should be allowed to patent rounded corners and a flat screen, devices had flat screens long before Apple and they will long after Apple.

    Now when can I get my iPhone 5 . . .

  • The_Truth_Hurts

    @ChadMobley. The only reason I see apple winning any portion of the cause would because it’s an American company vs a foreign company in an American court. But if Apple “win”, there will be appeals, and after it’s all done, nobody is “ahead”, except the lawyers. The devices, you can say, that are the most infringing are not the American models, but World models. Since those were not “officially” in sale in America at all, can Apple go after those in America? Most likely not. Thus? It’s all the American models Apple truly can go after in America. The thing right there? They have less of a case, if not a significantly less of a case. Probably to Samsung’s benefit, a lot of these similar things, if not the exact same things in the World courts were found most (if not all) of the time in Samsung’s favor. A big one dealt with the look of the Galaxy Tab, which the UK court found that there was enough differences on the tablets, and the stuff Samsung was “infringing” upon, was in fact INVALID because of “prior art”.

    Truthfully, as much as Apple claims that Samsung is copying off them, that is not the real reason. The Real Reason Apple is going after Samsung? Competition. Samsung has (quite literally) came from not a (major) role in the smartphone world to almost dominating it. Apple is not suing for copying (as they claim), Apple is suing to take down the competition. And the way Samsung is on fire recently, it’s becoming more and more obvious. 10 million Galaxy Notes in 9 months? (That’s for a phone with a 5.3 inch display). 9 million pre-orders for the Galaxy S III, which makes it the fastest selling device ever? (which is over twice as many pre-orders for iPhone 4Ses) 10 million additional sales (literally) within the first month alone? (Number could have been far higher if Samsung didn’t have manufacturing issues that caused widespread shortages) 50+ million smartphone sales in the last quarter alone? record profits? It’s just going to get better for Samsung. Expect Samsung to ship even more Galaxy S III’s this quarter, as well as Galaxy Nexuses ($350 is a bargain for a phone of that grade). What can make that even better? How about a Galaxy Note II? Followed By Windows 8 phones? (How about a Galaxy S III that is quite literally running Windows Phone 8?) Oh, and don’t forget the next generation Nexus device. Samsung is just slamming halo (smart)phone after (smart)phone. Apple? Just one. Apple knows, with Samsung slamming halo phone after halo phone down, they will have to step up the game considerably. And instead of innovation, apple is using litigation to try to push themselves forward.

  • zviivz

    I’m getting a headache after reading this rant. This is not the first one. Someone is samsucking really hard here. Samsucks copy the iPhone. Period. My friend who has worked in Korea understands very well the ‘copy cat’ culture over there. They blatantly copy many western products because reverse engineering is easier than innovation. They just do it much better than China.

    @ChadMobley. The only reason I see apple winning any portion of the cause would because it’s an American company vs a foreign company in an American court. ….. bla bla bla bla bla bla …………………. and the stuff Samsung was “infringing” upon, was in fact INVALID because of “prior art”.

    Truthfully, as much as Apple claims that Samsung is copying off them, that is not the real reason. The Real Reason Apple is going after Samsung? Competition. ….. bla bla bla bla bla bla ………………….with Samsung slamming halo phone after halo phone down, they will have to step up the game considerably. And instead of innovation, apple is using litigation to try to push themselves forward.

  • technochick

    I disagree with the witness and her finding that the icons were the same. How many different ways can you reflect a clock or a photo gallery. The icons are not the same, except maybe the phone icon, but still most of those icons look more closer to stock Android than iOS.

    At least two as the slides show us, including the ones prior to the iPhone that were in no way the same. Given that they were likely still very effective, what was the point in changing them to anything else, much less something iOS like

  • hanhothi

    Apple seems to think it can patent anything and prevent others using it. They have turned into the bully boy of late, too big for their boots. I hope this case puts them in their place or we will be stuck with the very limited capabilities of iOS (which has not seen REAL innovation for ages).

  • The_Truth_Hurts

    @zviivz (or @All)

    I have (very) good family friends all over the world. The first deals with a family friend in Europe, the other with Korea (matter of fact, several from korea).

    1) The family friend from Europe. Americans HATE competition, especially a product that is kicking their rear. First, they have to deal with the American companies saying what the people “want” to them. American people want this or that. The only problem their sales say otherwise. Secondly, they have to make their products (vastly) inferior because that is (simply) what they can only sell over hear. Why? Because the American companies have gone to congress and cried their eyes out to put “frivolous” laws, rules, etc…, so that other companies that are not american can’t sell their vastly superior product. These vastly superior to any american products that sell normal everywhere else in the world have to be made VASTLY INFERIOR to pass all the rules and regulations to be able to sold here in the states. Yes, American businesses need to be protected (sometimes) from overseas competition, but what this is? The companies basically abused the system HEAVILY, so they can shove Junk down our throats, and not innovate and make far better products, which the World companies would (literally) force them to do.

    2) The family friends from Korea. They simply hate working with American companies. Why? Because American companies care and only care about one thing. (I should say not all, but a huge majority of American companies). Profits. Profits. They care MORE about how much they make today, then if they will be around tomorrow. While, most of these Korean companies have a 5, 10, 25, 50, in some cases 100 year plans (where they plan to be X amount of years from now), American companies were lucky to have even a 5 year plan. No joke. 100 year? forget about that. 50 years? who cares. 25 years? why do we give a F($* what we are doing then? (Literally) the only thing they cared about was, how much money they bring in today. They didn’t care if they would be around in 5 years, the only thing they cared about was Profits. In korea, (and same can be said about Asia and Europe), that’s a sin. Yes, those companies do care about profits, but there is one thing they make sure about. They have an idea WHERE they are in 50 years, if no 100. American companies? They be lucky to know where they want to be tomorrow.

    American companies? They are Lazy and only care about the dough they are bringing in. (most do). If some company overseas starts making superior products? They don’t step up their game. They go to congress or a court and cry their eyes out to make sure that product doesn’t hit american soil. Instead of innovation, and make the best possible, they want to be “lazy” and make the most profits by shoving junk down our throats.

    Yes, The Truth Hurts.

  • The_Truth_Hurts

    @all (Or those who hate Samsung)

    If you hate Samsung, why don’t you throw out all of your Samsung devices and devices that have Samsung parts. If you hate Samsung, why support them at all? I mean, if their is a company I hate, I don’t support them. End of that.

    Wait……. I guess their is a problem. a minor problem. a very major minor problem. Basically, everything Apple has Samsung made parts. So, I guess that means you’ll have to toss all of your Apple products in the trash then. Right? If you hate Samsung, you don’t want to support them, right? Every Apple purchases is supporting Samsung. Every single one.

  • jamz82277

    If you honestly believe that 2 million people walked into a store looking for a iPhone or iPad, and walked out with a Samsung product thinking it was Apple’s, you are a complete idiot.

  • jamz82277

    U.S. users shouldn’t really be worrying about Samsung anyway. What they should be worrying about is Motorola and their patents that aren’t standard-essential, that Apple has used for years without paying royalties. Samsung might have copied (I use the term loosely since they already had) rectangles with rounded corners, but Apple copied much more than that, and they refuse to pay royalties. You know what that means? It means Motorola/Google (The likes of which not even the patent bully Apple wants to go toe to toe with) is about to take a serious stab at Apple- And they will win because the patents are not standard-essential. Cry about Samsung using colorful icons if you like- But you may not be getting your iPhone 5 so soon this year after all. Why? Apple copies Valid patents.

About the author

Jose FermosoJose Fermoso is a freelance reporter and researcher. He has written freelance for many tech and business publications. He is a former writer for Wired.com and GigaOm. Loyal Oaklander. Twitter @fermoso.

(sorry, you need Javascript to see this e-mail address)| Read more posts by .

Posted in News |