Samsung gives Apple the 'boot' in defence

One way Samsung hopes to show a jury that its products differ from Apple's, is with something as simple as turning them on.

(Credit: CBS Interactive)

The devices, that is.

On the fifth day of trial in the US, Samsung spent some time booting up three different devices — two phones and one tablet — to make the case that consumers know what they're getting before they even start using a gadget.

That's an important consideration, given that Apple has claimed that Samsung's devices are so similar that people could end up mistaking a Samsung device for one made by Apple.

To make its point, Samsung booted up one of its Droid series phones, the Droid Charge, and the original iPhone to show the court how the two differed. Where Apple's first iPhone booted up just like it does today — with a metallic Apple logo — Samsung's splashed a title screen with its logo, then went to an animated video with sound that boomed out a robotic "DROID".

Samsung then attempted to point out just how many steps were involved before users would see the home screen of icons, something Apple has accused Samsung of copying. For the Droid Charge, that included turning on the device, unlocking it and hitting a software button to pull up a list of applications.

"It's only after all these steps that the consumer gets to the application screen," Samsung counsel Charles Verhoeven argued to Susan Kare, one of the designers of the early Mac icons.

Kare had been on the witness stand for Apple and argued that numerous interface elements, though mainly the iconography and general home screen layout, infringed on Apple's design patent on the original iPhone's home screen. Apple said Samsung copied this look in nearly a dozen of the accused devices.

Samsung carried the boot defence to Apple's next witness, Russell Winer, the chair of the Department of Marketing at New York University's Stern School of Business. Russell had been called on to discuss the look and feel of the devices, particularly what Russell referred to as "blurring", where there is a degree of similarity between different devices.

Samsung's Verhoeven countered Winer's claims that Samsung's devices, particularly the company's Galaxy Tab 10.1 tablet, were causing blurring, by pointing out differences. This included the start-up of the device, where once again the tablet flashed up Samsung's logo and the actual name of the device.

One thing that's unclear, so far, is how many customers would actually turn a device on or off before they purchase it, or somehow make it through packaging without seeing which company the product was from. Apple, for its part, has hung much of that argument on a Samsung-led study of 30 Best Buy stores in three different American states, which found that many customers had, in fact, returned some of Samsung's Galaxy tablets because they thought they were iPads.


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ehermo posted a comment   

Really? This is why I don't like Apple. Someone will buy a Samsung phone or tablet and think it is a Apple product? Really? Come on. Does Apple think consumers are that stupid. I can't believe people bought Samsung products and return them saying they wanted Apple instead.


SunAd posted a comment   

this is another jork and bully from Apple to move the the competion away and make customers fool as they think to buy apple, according to they statement they believe all they product users are brainless and hopeless ( asit is the case in most of the time as i know the situation well) to miss identify samsung against them what a an jork and cant beleive American court hearing this kind stupid argument ( hope all american faling in to barinless and hopeless to distinct there difference)
all i have to say hey if your the best face the challange and work like comapny who has backbone with out try to get others face, Originally the copy cat Sony and Nokia, idea for iphone did not folling form sky to Steve job he his clever enough to steal technology and desing from others and marketed bit better than others ....


AtheistPeace posted a comment   

How about all the money being wasted on this moronic court case gets donated to a charity instead...


Will1505 posted a reply   

.............that's innovative


Will1505 posted a comment   

"That's an important consideration, given that Apple has claimed that Samsung's devices are so similar that people could end up mistaking a Samsung device for one made by Apple."

Our customers aren't very bright and get confused easily. They see the Samsung logo and think it looks like an apple.


Chandler posted a comment   

I fail to see how Samsung has infringed Apple patents in regards to the home screen. Even IF the home screen is infringing, the design is Android, and thus Google's - NOT Samsung's... Samsung is an OEM, in my opinion the only things you should be trying to ping on them is their hardware and UX modifications: the only things that OEM's CAN change with Android...


Seamus Byrne posted a reply   

Part of Apple's argument is that even on some of Samsung's feature phones before they embraced Android they were already adopting the UI standards iPhone introduced.


trebor83 posted a reply   

The Apple vs Google trial is coming next year about the Galaxy nexus and features of Android. if the result here doesn't encourage one party or the other to back down. We can only hope.

I think one of the problems for Samsung is that their advertising for at least many of their first generation of Android product featured in the phones in the app menu, not the home screen. So whether the home screens were different or not their is the potential that people could have been misled if they saw a poster that showed what they believed was the phone they were looking for that had the wrong name on it.

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