Welcome!

Cognitive Computing Authors: William Schmarzo, Liz McMillan, Mehdi Daoudi, Automic Blog, John Walsh

Related Topics: Wearables, Mobile IoT, Microservices Expo, Microsoft Cloud, Cognitive Computing , Agile Computing

Wearables: Article

Apple Shows Jury the Smoking Gun

Samsung should have paid more attention when Google told it in 2010 that its tablets looked too much like iPads

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/.

More Stories By Maureen O'Gara

Maureen O'Gara the most read technology reporter for the past 20 years, is the Cloud Computing and Virtualization News Desk editor of SYS-CON Media. She is the publisher of famous "Billygrams" and the editor-in-chief of "Client/Server News" for more than a decade. One of the most respected technology reporters in the business, Maureen can be reached by email at maureen(at)sys-con.com or paperboy(at)g2news.com, and by phone at 516 759-7025. Twitter: @MaureenOGara

Comments (0)

Share your thoughts on this story.

Add your comment
You must be signed in to add a comment. Sign-in | Register

In accordance with our Comment Policy, we encourage comments that are on topic, relevant and to-the-point. We will remove comments that include profanity, personal attacks, racial slurs, threats of violence, or other inappropriate material that violates our Terms and Conditions, and will block users who make repeated violations. We ask all readers to expect diversity of opinion and to treat one another with dignity and respect.


@ThingsExpo Stories
Widespread fragmentation is stalling the growth of the IIoT and making it difficult for partners to work together. The number of software platforms, apps, hardware and connectivity standards is creating paralysis among businesses that are afraid of being locked into a solution. EdgeX Foundry is unifying the community around a common IoT edge framework and an ecosystem of interoperable components.
In his session at 21st Cloud Expo, Carl J. Levine, Senior Technical Evangelist for NS1, will objectively discuss how DNS is used to solve Digital Transformation challenges in large SaaS applications, CDNs, AdTech platforms, and other demanding use cases. Carl J. Levine is the Senior Technical Evangelist for NS1. A veteran of the Internet Infrastructure space, he has over a decade of experience with startups, networking protocols and Internet infrastructure, combined with the unique ability to it...
"MobiDev is a software development company and we do complex, custom software development for everybody from entrepreneurs to large enterprises," explained Alan Winters, U.S. Head of Business Development at MobiDev, in this SYS-CON.tv interview at 21st Cloud Expo, held Oct 31 – Nov 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA.
"Space Monkey by Vivent Smart Home is a product that is a distributed cloud-based edge storage network. Vivent Smart Home, our parent company, is a smart home provider that places a lot of hard drives across homes in North America," explained JT Olds, Director of Engineering, and Brandon Crowfeather, Product Manager, at Vivint Smart Home, in this SYS-CON.tv interview at @ThingsExpo, held Oct 31 – Nov 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA.
"IBM is really all in on blockchain. We take a look at sort of the history of blockchain ledger technologies. It started out with bitcoin, Ethereum, and IBM evaluated these particular blockchain technologies and found they were anonymous and permissionless and that many companies were looking for permissioned blockchain," stated René Bostic, Technical VP of the IBM Cloud Unit in North America, in this SYS-CON.tv interview at 21st Cloud Expo, held Oct 31 – Nov 2, 2017, at the Santa Clara Conventi...
"Akvelon is a software development company and we also provide consultancy services to folks who are looking to scale or accelerate their engineering roadmaps," explained Jeremiah Mothersell, Marketing Manager at Akvelon, in this SYS-CON.tv interview at 21st Cloud Expo, held Oct 31 – Nov 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA.
Coca-Cola’s Google powered digital signage system lays the groundwork for a more valuable connection between Coke and its customers. Digital signs pair software with high-resolution displays so that a message can be changed instantly based on what the operator wants to communicate or sell. In their Day 3 Keynote at 21st Cloud Expo, Greg Chambers, Global Group Director, Digital Innovation, Coca-Cola, and Vidya Nagarajan, a Senior Product Manager at Google, discussed how from store operations and ...
Large industrial manufacturing organizations are adopting the agile principles of cloud software companies. The industrial manufacturing development process has not scaled over time. Now that design CAD teams are geographically distributed, centralizing their work is key. With large multi-gigabyte projects, outdated tools have stifled industrial team agility, time-to-market milestones, and impacted P&L stakeholders.
Gemini is Yahoo’s native and search advertising platform. To ensure the quality of a complex distributed system that spans multiple products and components and across various desktop websites and mobile app and web experiences – both Yahoo owned and operated and third-party syndication (supply), with complex interaction with more than a billion users and numerous advertisers globally (demand) – it becomes imperative to automate a set of end-to-end tests 24x7 to detect bugs and regression. In th...
"Cloud Academy is an enterprise training platform for the cloud, specifically public clouds. We offer guided learning experiences on AWS, Azure, Google Cloud and all the surrounding methodologies and technologies that you need to know and your teams need to know in order to leverage the full benefits of the cloud," explained Alex Brower, VP of Marketing at Cloud Academy, in this SYS-CON.tv interview at 21st Cloud Expo, held Oct 31 – Nov 2, 2017, at the Santa Clara Convention Center in Santa Clar...
"There's plenty of bandwidth out there but it's never in the right place. So what Cedexis does is uses data to work out the best pathways to get data from the origin to the person who wants to get it," explained Simon Jones, Evangelist and Head of Marketing at Cedexis, in this SYS-CON.tv interview at 21st Cloud Expo, held Oct 31 – Nov 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA.
SYS-CON Events announced today that CrowdReviews.com has been named “Media Sponsor” of SYS-CON's 22nd International Cloud Expo, which will take place on June 5–7, 2018, at the Javits Center in New York City, NY. CrowdReviews.com is a transparent online platform for determining which products and services are the best based on the opinion of the crowd. The crowd consists of Internet users that have experienced products and services first-hand and have an interest in letting other potential buye...
SYS-CON Events announced today that Telecom Reseller has been named “Media Sponsor” of SYS-CON's 22nd International Cloud Expo, which will take place on June 5-7, 2018, at the Javits Center in New York, NY. Telecom Reseller reports on Unified Communications, UCaaS, BPaaS for enterprise and SMBs. They report extensively on both customer premises based solutions such as IP-PBX as well as cloud based and hosted platforms.
It is of utmost importance for the future success of WebRTC to ensure that interoperability is operational between web browsers and any WebRTC-compliant client. To be guaranteed as operational and effective, interoperability must be tested extensively by establishing WebRTC data and media connections between different web browsers running on different devices and operating systems. In his session at WebRTC Summit at @ThingsExpo, Dr. Alex Gouaillard, CEO and Founder of CoSMo Software, presented ...
WebRTC is great technology to build your own communication tools. It will be even more exciting experience it with advanced devices, such as a 360 Camera, 360 microphone, and a depth sensor camera. In his session at @ThingsExpo, Masashi Ganeko, a manager at INFOCOM Corporation, introduced two experimental projects from his team and what they learned from them. "Shotoku Tamago" uses the robot audition software HARK to track speakers in 360 video of a remote party. "Virtual Teleport" uses a multip...
A strange thing is happening along the way to the Internet of Things, namely far too many devices to work with and manage. It has become clear that we'll need much higher efficiency user experiences that can allow us to more easily and scalably work with the thousands of devices that will soon be in each of our lives. Enter the conversational interface revolution, combining bots we can literally talk with, gesture to, and even direct with our thoughts, with embedded artificial intelligence, whic...
SYS-CON Events announced today that Evatronix will exhibit at SYS-CON's 21st International Cloud Expo®, which will take place on Oct 31 – Nov 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA. Evatronix SA offers comprehensive solutions in the design and implementation of electronic systems, in CAD / CAM deployment, and also is a designer and manufacturer of advanced 3D scanners for professional applications.
Leading companies, from the Global Fortune 500 to the smallest companies, are adopting hybrid cloud as the path to business advantage. Hybrid cloud depends on cloud services and on-premises infrastructure working in unison. Successful implementations require new levels of data mobility, enabled by an automated and seamless flow across on-premises and cloud resources. In his general session at 21st Cloud Expo, Greg Tevis, an IBM Storage Software Technical Strategist and Customer Solution Architec...
To get the most out of their data, successful companies are not focusing on queries and data lakes, they are actively integrating analytics into their operations with a data-first application development approach. Real-time adjustments to improve revenues, reduce costs, or mitigate risk rely on applications that minimize latency on a variety of data sources. In his session at @BigDataExpo, Jack Norris, Senior Vice President, Data and Applications at MapR Technologies, reviewed best practices to ...
An increasing number of companies are creating products that combine data with analytical capabilities. Running interactive queries on Big Data requires complex architectures to store and query data effectively, typically involving data streams, an choosing efficient file format/database and multiple independent systems that are tied together through custom-engineered pipelines. In his session at @BigDataExpo at @ThingsExpo, Tomer Levi, a senior software engineer at Intel’s Advanced Analytics gr...