|By Maureen O'Gara||
|August 14, 2012 02:00 PM EDT||
From the outside looking in on the so-called "trial of the century" - and bearing in mind that it's only maybe halfway through - but Samsung looks royally screwed.
It should have paid more attention when Google told it in 2010 that its tablets looked too much like iPads and should be made "noticeably different." Apple's got the Samsung e-mail saying so.
It's also got top designers' formal evaluations telling Samsung the same thing about its phones.
And better yet it's got a seemingly damning 132-page "Relative Evaluation Report" - that Apple got admitted into evidence Tuesday over Samsung's strenuous objections - showing the Korean company's product engineering team dissecting every element of the iPhone in 2010 from packaging design to physical appearance to user interface to operating system architecture to browser, home screen and built-in apps and comparing it side-by-side with their original Galaxy S.
Apple says it's proof Samsung made a conscious decision to make its product look and work more like the iPhone.
There's a copy of the report with its 126 slides and "Directions for Improvement" like "Remove a feeling that iPhone's menu icons are copied by differentiating design" at www.scribd.com/doc/102317767/Samsung-Relative-Evaluation-Report-on-S1-iPhone.
Samsung claims it's standard competitive analysis and questions the originality of Apple's so-called inventions and rights to an icon of a telephone receiver for a phone app or a "rectangle" shape, rounded corners and black borders. Samsung also claims its widgetry was "evolutionary."
Apple says this is where it gets its "slavishly copying" claims from - down to its icons and an infringement of so-called "trade dress" rights, which is legal jargon for distinct appearance or design patents.
Susan Kare, a former Apple graphics designer from back in the original Mac days who was paid $80,000 by Apple to appear in court the other day as an expert witness, said the icons on the companies' competing products are "confusingly similar" and testified that she mistook a Samsung smartphone for an iPhone when she visited the office of Apple's lawyers.
"There was a big conference table with many phones on it, and some of them were on," Kare said, as repeated by Reuters. "I could see the screen. I went to pick up the iPhone to make a point about the user interface, and I was holding a Samsung. I would usually think of myself as someone who is pretty granular in looking at graphics and I mistook one for the other," she said. "In addition to my formal analysis, I had the experience of being confused."
On cross-examination Samsung's lawyer booted up a Samsung phone so Kare could see that a Samsung logo came up first. He said most phone icons were similar. She retorted that the Blackberry Torch had many of the features of the iPhone but Apple doesn't think it infringes.
Peter Bressler, a big-time product designer with numerous patents and another expert witness for Apple, testified that the most common reason consumers return Samsung's Galaxy Tab 10.1 to Best Buy is because they thought they bought an iPad 2.
He also took the jury through three Apple patents he thinks Samsung infringes and tried to block Samsung lawyers from dwelling on minutia, insisting that the widgetry looked the same to a consumer.
In the section of the Samsung report about Apple's browser, Samsung's people noted that the iPhone has a double-tap zoom function. Scott Forstall, head of the iOS mobile operating system, testified last Friday that he invented it to avoid having to constantly manually pinch and zoom a web page's text into the center of the screen, a key capability that Apple advertised when iPhone launched in 2007. Samsung copied it.
Apple is fighting to turn a temporary injunction banning the sale of Samsung's tablet in the US made permanent and enforce a similar ban, now stayed, against Samsung's market-dominant phone. It has also made multibillion-dollar damages claims.
If Apple wins, the decision could have a halo effect on the other litigation the two firms are currently engaged in on four continents.
Meanwhile, Samsung has to live with bloggers calling the Galaxy S III an ugly phone "designed by lawyers" to avoid infringement much like the upcoming Galaxy Note 10.1 and comedian Conan O'Brien poking fun on television at "Samsapple." See http://mashable.com/2012/08/08/conan-obrien-apple-samsung-patent-video/.
SYS-CON Media announced today that @WebRTCSummit Blog, the largest WebRTC resource in the world, has been launched. @WebRTCSummit Blog offers top articles, news stories, and blog posts from the world's well-known experts and guarantees better exposure for its authors than any other publication. @WebRTCSummit Blog can be bookmarked ▸ Here @WebRTCSummit conference site can be bookmarked ▸ Here
Mar. 27, 2015 06:00 PM EDT Reads: 1,612
Temasys has announced senior management additions to its team. Joining are David Holloway as Vice President of Commercial and Nadine Yap as Vice President of Product. Over the past 12 months Temasys has doubled in size as it adds new customers and expands the development of its Skylink platform. Skylink leads the charge to move WebRTC, traditionally seen as a desktop, browser based technology, to become a ubiquitous web communications technology on web and mobile, as well as Internet of Things compatible devices.
Mar. 27, 2015 06:00 PM EDT Reads: 1,669
SYS-CON Events announced today that robomq.io will exhibit at SYS-CON's @ThingsExpo, which will take place on June 9-11, 2015, at the Javits Center in New York City, NY. robomq.io is an interoperable and composable platform that connects any device to any application. It helps systems integrators and the solution providers build new and innovative products and service for industries requiring monitoring or intelligence from devices and sensors.
Mar. 27, 2015 06:00 PM EDT Reads: 1,264
Docker is an excellent platform for organizations interested in running microservices. It offers portability and consistency between development and production environments, quick provisioning times, and a simple way to isolate services. In his session at DevOps Summit at 16th Cloud Expo, Shannon Williams, co-founder of Rancher Labs, will walk through these and other benefits of using Docker to run microservices, and provide an overview of RancherOS, a minimalist distribution of Linux designed expressly to run Docker. He will also discuss Rancher, an orchestration and service discovery platf...
Mar. 27, 2015 04:15 PM EDT Reads: 2,318
Sonus Networks introduced the Sonus WebRTC Services Solution, a virtualized Web Real-Time Communications (WebRTC) offer, purpose-built for the Cloud. The WebRTC Services Solution provides signaling from WebRTC-to-WebRTC applications and interworking from WebRTC-to-Session Initiation Protocol (SIP), delivering advanced real-time communications capabilities on mobile applications and on websites, which are accessible via a browser.
Mar. 27, 2015 04:00 PM EDT Reads: 1,641
SYS-CON Events announced today that Aria Systems, the leading innovator in recurring revenue, has been named “Bronze Sponsor” of SYS-CON's @ThingsExpo, which will take place on June 9–11, 2015, at the Javits Center in New York, NY. Proven by the world’s most demanding enterprises, including AAA NCNU, Constant Contact, Falck, Hootsuite, Pitney Bowes, Telekom Denmark, and VMware, Aria helps enterprises grow their recurring revenue businesses. With Aria’s end-to-end active monetization platform, global brands can get to market faster with a wider variety of products and services, while maximizin...
Mar. 27, 2015 04:00 PM EDT Reads: 1,484
SYS-CON Events announced today that Vitria Technology, Inc. will exhibit at SYS-CON’s @ThingsExpo, which will take place on June 9-11, 2015, at the Javits Center in New York City, NY. Vitria will showcase the company’s new IoT Analytics Platform through live demonstrations at booth #330. Vitria’s IoT Analytics Platform, fully integrated and powered by an operational intelligence engine, enables customers to rapidly build and operationalize advanced analytics to deliver timely business outcomes for use cases across the industrial, enterprise, and consumer segments.
Mar. 27, 2015 03:30 PM EDT Reads: 2,092
SYS-CON Events announced today that Akana, formerly SOA Software, has been named “Bronze Sponsor” of SYS-CON's 16th International Cloud Expo® New York, which will take place June 9-11, 2015, at the Javits Center in New York City, NY. Akana’s comprehensive suite of API Management, API Security, Integrated SOA Governance, and Cloud Integration solutions helps businesses accelerate digital transformation by securely extending their reach across multiple channels – mobile, cloud and Internet of Things. Akana enables enterprises to share data as APIs, connect and integrate applications, drive part...
Mar. 27, 2015 03:15 PM EDT Reads: 1,353
After making a doctor’s appointment via your mobile device, you receive a calendar invite. The day of your appointment, you get a reminder with the doctor’s location and contact information. As you enter the doctor’s exam room, the medical team is equipped with the latest tablet containing your medical history – he or she makes real time updates to your medical file. At the end of your visit, you receive an electronic prescription to your preferred pharmacy and can schedule your next appointment.
Mar. 27, 2015 03:15 PM EDT Reads: 408
The WebRTC Summit 2014 New York, to be held June 9-11, 2015, at the Javits Center in New York, NY, announces that its Call for Papers is open. Topics include all aspects of improving IT delivery by eliminating waste through automated business models leveraging cloud technologies. WebRTC Summit is co-located with 16th International Cloud Expo, @ThingsExpo, Big Data Expo, and DevOps Summit.
Mar. 27, 2015 03:00 PM EDT Reads: 1,327
SYS-CON Events announced today that Solgenia will exhibit at SYS-CON's 16th International Cloud Expo®, which will take place on June 9-11, 2015, at the Javits Center in New York City, NY, and the 17th International Cloud Expo®, which will take place on November 3–5, 2015, at the Santa Clara Convention Center in Santa Clara, CA. Solgenia is the global market leader in Cloud Collaboration and Cloud Infrastructure software solutions. Designed to “Bridge the Gap” between Personal and Professional Social, Mobile and Cloud user experiences, our solutions help large and medium-sized organizations dr...
Mar. 27, 2015 03:00 PM EDT Reads: 2,625
SYS-CON Events announced today that Liaison Technologies, a leading provider of data management and integration cloud services and solutions, has been named "Silver Sponsor" of SYS-CON's 16th International Cloud Expo®, which will take place on June 9-11, 2015, at the Javits Center in New York, NY. Liaison Technologies is a recognized market leader in providing cloud-enabled data integration and data management solutions to break down complex information barriers, enabling enterprises to make smarter decisions, faster.
Mar. 27, 2015 03:00 PM EDT Reads: 3,337
The 3rd International Internet of @ThingsExpo, co-located with the 16th International Cloud Expo - to be held June 9-11, 2015, at the Javits Center in New York City, NY - announces that its Call for Papers is open. The Internet of Things (IoT) is the biggest idea since the creation of the Worldwide Web more than 20 years ago.
Mar. 27, 2015 02:00 PM EDT Reads: 2,899
SYS-CON Events announced today that CommVault has been named “Bronze Sponsor” of SYS-CON's 16th International Cloud Expo®, which will take place on June 9-11, 2015, at the Javits Center in New York City, NY, and the 17th International Cloud Expo®, which will take place on November 3–5, 2015, at the Santa Clara Convention Center in Santa Clara, CA. A singular vision – a belief in a better way to address current and future data management needs – guides CommVault in the development of Singular Information Management® solutions for high-performance data protection, universal availability and sim...
Mar. 27, 2015 02:00 PM EDT Reads: 1,477
Cloud is not a commodity. And no matter what you call it, computing doesn’t come out of the sky. It comes from physical hardware inside brick and mortar facilities connected by hundreds of miles of networking cable. And no two clouds are built the same way. SoftLayer gives you the highest performing cloud infrastructure available. One platform that takes data centers around the world that are full of the widest range of cloud computing options, and then integrates and automates everything. Join SoftLayer on June 9 at 16th Cloud Expo to learn about IBM Cloud's SoftLayer platform, explore se...
Mar. 27, 2015 02:00 PM EDT Reads: 1,511
SYS-CON Media announced today that 9 out of 10 " most read" DevOps articles are published by @DevOpsSummit Blog. Launched in October 2014, @DevOpsSummit Blog offers top articles, news stories, and blog posts from the world's well-known experts and guarantees better exposure for its authors than any other publication. The widespread success of cloud computing is driving the DevOps revolution in enterprise IT. Now as never before, development teams must communicate and collaborate in a dynamic, 24/7/365 environment. There is no time to wait for long development cycles that produce softw...
Mar. 27, 2015 01:00 PM EDT Reads: 2,363
The list of ‘new paradigm’ technologies that now surrounds us appears to be at an all time high. From cloud computing and Big Data analytics to Bring Your Own Device (BYOD) and the Internet of Things (IoT), today we have to deal with what the industry likes to call ‘paradigm shifts’ at every level of IT. This is disruption; of course, we understand that – change is almost always disruptive.
Mar. 27, 2015 01:00 PM EDT Reads: 926
Wearable technology was dominant at this year’s International Consumer Electronics Show (CES) , and MWC was no exception to this trend. New versions of favorites, such as the Samsung Gear (three new products were released: the Gear 2, the Gear 2 Neo and the Gear Fit), shared the limelight with new wearables like Pebble Time Steel (the new premium version of the company’s previously released smartwatch) and the LG Watch Urbane. The most dramatic difference at MWC was an emphasis on presenting wearables as fashion accessories and moving away from the original clunky technology associated with t...
Mar. 27, 2015 12:45 PM EDT Reads: 1,080
The world's leading Cloud event, Cloud Expo has launched Microservices Journal on the SYS-CON.com portal, featuring over 19,000 original articles, news stories, features, and blog entries. DevOps Journal is focused on this critical enterprise IT topic in the world of cloud computing. Microservices Journal offers top articles, news stories, and blog posts from the world's well-known experts and guarantees better exposure for its authors than any other publication. Follow new article posts on Twitter at @MicroservicesE
Mar. 27, 2015 12:00 PM EDT Reads: 1,288
SYS-CON Events announced today that Site24x7, the cloud infrastructure monitoring service, will exhibit at SYS-CON's 16th International Cloud Expo®, which will take place on June 9-11, 2015, at the Javits Center in New York City, NY. Site24x7 is a cloud infrastructure monitoring service that helps monitor the uptime and performance of websites, online applications, servers, mobile websites and custom APIs. The monitoring is done from 50+ locations across the world and from various wireless carriers, thus providing a global perspective of the end-user experience. Site24x7 supports monitoring H...
Mar. 27, 2015 11:45 AM EDT Reads: 1,599