|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/.
There's Big Data, then there's really Big Data from the Internet of Things. IoT is evolving to include many data possibilities like new types of event, log and network data. The volumes are enormous, generating tens of billions of logs per day, which raise data challenges. Early IoT deployments are relying heavily on both the cloud and managed service providers to navigate these challenges. In her session at Big Data Expo®, Hannah Smalltree, Director at Treasure Data, discussed how IoT, Big Data and deployments are processing massive data volumes from wearables, utilities and other machines...
May. 22, 2015 10:00 AM EDT Reads: 3,774
SYS-CON Events announced today that the "First Containers & Microservices Conference" will take place June 9-11, 2015, at the Javits Center in New York City. The “Second Containers & Microservices Conference” will take place November 3-5, 2015, at Santa Clara Convention Center, Santa Clara, CA. Containers and microservices have become topics of intense interest throughout the cloud developer and enterprise IT communities.
May. 22, 2015 10:00 AM EDT Reads: 1,679
Buzzword alert: Microservices and IoT at a DevOps conference? What could possibly go wrong? In this Power Panel at DevOps Summit, moderated by Jason Bloomberg, the leading expert on architecting agility for the enterprise and president of Intellyx, panelists will peel away the buzz and discuss the important architectural principles behind implementing IoT solutions for the enterprise. As remote IoT devices and sensors become increasingly intelligent, they become part of our distributed cloud environment, and we must architect and code accordingly. At the very least, you'll have no problem fil...
May. 22, 2015 10:00 AM EDT Reads: 1,584
IoT is still a vague buzzword for many people. In his session at @ThingsExpo, Mike Kavis, Vice President & Principal Cloud Architect at Cloud Technology Partners, discussed the business value of IoT that goes far beyond the general public's perception that IoT is all about wearables and home consumer services. He also discussed how IoT is perceived by investors and how venture capitalist access this space. Other topics discussed were barriers to success, what is new, what is old, and what the future may hold. Mike Kavis is Vice President & Principal Cloud Architect at Cloud Technology Pa...
May. 22, 2015 10:00 AM EDT Reads: 7,450
Disruptive macro trends in technology are impacting and dramatically changing the "art of the possible" relative to supply chain management practices through the innovative use of IoT, cloud, machine learning and Big Data to enable connected ecosystems of engagement. Enterprise informatics can now move beyond point solutions that merely monitor the past and implement integrated enterprise fabrics that enable end-to-end supply chain visibility to improve customer service delivery and optimize supplier management. Learn about enterprise architecture strategies for designing connected systems tha...
May. 22, 2015 10:00 AM EDT Reads: 5,706
SYS-CON Events announced today that MetraTech, now part of Ericsson, 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. Ericsson is the driving force behind the Networked Society- a world leader in communications infrastructure, software and services. Some 40% of the world’s mobile traffic runs through networks Ericsson has supplied, serving more than 2.5 billion subscribers.
May. 22, 2015 09:45 AM EDT Reads: 742
The 4th International Internet of @ThingsExpo, co-located with the 17th International Cloud Expo - to be held November 3-5, 2015, at the Santa Clara Convention Center in Santa Clara, CA - 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.
May. 22, 2015 09:00 AM EDT Reads: 1,166
The 17th International Cloud Expo has announced that its Call for Papers is open. 17th International Cloud Expo, to be held November 3-5, 2015, at the Santa Clara Convention Center in Santa Clara, CA, brings together Cloud Computing, APM, APIs, Microservices, Security, Big Data, Internet of Things, DevOps and WebRTC to one location. With cloud computing driving a higher percentage of enterprise IT budgets every year, it becomes increasingly important to plant your flag in this fast-expanding business opportunity. Submit your speaking proposal today!
May. 22, 2015 08:00 AM EDT Reads: 3,932
Since 2008 and for the first time in history, more than half of humans live in urban areas, urging cities to become “smart.” Today, cities can leverage the wide availability of smartphones combined with new technologies such as Beacons or NFC to connect their urban furniture and environment to create citizen-first services that improve transportation, way-finding and information delivery. In her session at @ThingsExpo, Laetitia Gazel-Anthoine, CEO of Connecthings, will focus on successful use cases.
May. 22, 2015 06:00 AM EDT Reads: 4,645
The explosion of connected devices / sensors is creating an ever-expanding set of new and valuable data. In parallel the emerging capability of Big Data technologies to store, access, analyze, and react to this data is producing changes in business models under the umbrella of the Internet of Things (IoT). In particular within the Insurance industry, IoT appears positioned to enable deep changes by altering relationships between insurers, distributors, and the insured. In his session at @ThingsExpo, Michael Sick, a Senior Manager and Big Data Architect within Ernst and Young's Financial Servi...
May. 22, 2015 06:00 AM EDT Reads: 4,467
The recent trends like cloud computing, social, mobile and Internet of Things are forcing enterprises to modernize in order to compete in the competitive globalized markets. However, enterprises are approaching newer technologies with a more silo-ed way, gaining only sub optimal benefits. The Modern Enterprise model is presented as a newer way to think of enterprise IT, which takes a more holistic approach to embracing modern technologies.
May. 22, 2015 06:00 AM EDT Reads: 5,802
One of the biggest impacts of the Internet of Things is and will continue to be on data; specifically data volume, management and usage. Companies are scrambling to adapt to this new and unpredictable data reality with legacy infrastructure that cannot handle the speed and volume of data. In his session at @ThingsExpo, Don DeLoach, CEO and president of Infobright, will discuss how companies need to rethink their data infrastructure to participate in the IoT, including: Data storage: Understanding the kinds of data: structured, unstructured, big/small? Analytics: What kinds and how responsiv...
May. 22, 2015 05:00 AM EDT Reads: 4,197
17th Cloud Expo, taking place Nov 3-5, 2015, at the Santa Clara Convention Center in Santa Clara, CA, will feature technical sessions from a rock star conference faculty and the leading industry players in the world. Cloud computing is now being embraced by a majority of enterprises of all sizes. Yesterday's debate about public vs. private has transformed into the reality of hybrid cloud: a recent survey shows that 74% of enterprises have a hybrid cloud strategy. Meanwhile, 94% of enterprises are using some form of XaaS – software, platform, and infrastructure as a service.
May. 22, 2015 05:00 AM EDT Reads: 2,059
The Workspace-as-a-Service (WaaS) market will grow to $6.4B by 2018. In his session at 16th Cloud Expo, Seth Bostock, CEO of IndependenceIT, will begin by walking the audience through the evolution of Workspace as-a-Service, where it is now vs. where it going. To look beyond the desktop we must understand exactly what WaaS is, who the users are, and where it is going in the future. IT departments, ISVs and service providers must look to workflow and automation capabilities to adapt to growing demand and the rapidly changing workspace model.
May. 22, 2015 04:30 AM EDT Reads: 2,967
From telemedicine to smart cars, digital homes and industrial monitoring, the explosive growth of IoT has created exciting new business opportunities for real time calls and messaging. In his session at @ThingsExpo, Ivelin Ivanov, CEO and Co-Founder of Telestax, shared some of the new revenue sources that IoT created for Restcomm – the open source telephony platform from Telestax. Ivelin Ivanov is a technology entrepreneur who founded Mobicents, an Open Source VoIP Platform, to help create, deploy, and manage applications integrating voice, video and data. He is the co-founder of TeleStax, a...
May. 22, 2015 04:00 AM EDT Reads: 6,131
The Internet of Things (IoT) promises to evolve the way the world does business; however, understanding how to apply it to your company can be a mystery. Most people struggle with understanding the potential business uses or tend to get caught up in the technology, resulting in solutions that fail to meet even minimum business goals. In his session at @ThingsExpo, Jesse Shiah, CEO / President / Co-Founder of AgilePoint Inc., showed what is needed to leverage the IoT to transform your business. He discussed opportunities and challenges ahead for the IoT from a market and technical point of vie...
May. 22, 2015 04:00 AM EDT Reads: 6,494
Sensor-enabled things are becoming more commonplace, precursors to a larger and more complex framework that most consider the ultimate promise of the IoT: things connecting, interacting, sharing, storing, and over time perhaps learning and predicting based on habits, behaviors, location, preferences, purchases and more. In his session at @ThingsExpo, Tom Wesselman, Director of Communications Ecosystem Architecture at Plantronics, will examine the still nascent IoT as it is coalescing, including what it is today, what it might ultimately be, the role of wearable tech, and technology gaps stil...
May. 22, 2015 04:00 AM EDT Reads: 4,109
Grow your business with enterprise wearable apps using SAP Platforms and Google Glass. SAP and Google just launched the SAP and Google Glass Challenge, an opportunity for you to innovate and develop the best Enterprise Wearable App using SAP Platforms and Google Glass and gain valuable market exposure. In his session at @ThingsExpo, Brian McPhail, Senior Director of Business Development, ISVs & Digital Commerce at SAP, outlined the timeline of the SAP Google Glass Challenge and the opportunity for developers, start-ups, and companies of all sizes to engage with SAP today.
May. 22, 2015 03:00 AM EDT Reads: 4,793
DevOps tends to focus on the relationship between Dev and Ops, putting an emphasis on the ops and application infrastructure. But that’s changing with microservices architectures. In her session at DevOps Summit, Lori MacVittie, Evangelist for F5 Networks, will focus on how microservices are changing the underlying architectures needed to scale, secure and deliver applications based on highly distributed (micro) services and why that means an expansion into “the network” for DevOps.
May. 22, 2015 03:00 AM EDT Reads: 2,751
The 3rd International @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 – is now accepting Hackathon proposals. Hackathon sponsorship benefits include general brand exposure and increasing engagement with the developer ecosystem. At Cloud Expo 2014 Silicon Valley, IBM held the Bluemix Developer Playground on November 5 and ElasticBox held the DevOps Hackathon on November 6. Both events took place on the expo floor. The Bluemix Developer Playground, for developers of all levels, highlighted the ease of use of...
May. 22, 2015 02:30 AM EDT Reads: 4,131