Apple’s expert witness says the magic words: “substantially the same”

In the Apple vs Samsung court case going on this month it appears that the iPhone company has struck a heavy blow with expert witness Peter Bressler. This man is a former President of the Industrial Designers Society of America and a current fellow of that group, a co-author of over 60 design and utility patents, and an active faculty member at the University of Pennsylvania where he teaches integrated product design classes. Because of this list of achievements and accolades, Bressler’s words as witness in this court case will certainly ring true to the jury. In this case, Apple calling Bressler to the stand to testify is very, very bad news for Samsung.

What Bressler has been asked is whether the devices Apple is presenting are similar enough to the patents they own that they’d could be considered infringing. Some of the devices brought up in the questioning are the following – each of these device names are linked back to our reviews of said devices so you can get a closer look if you’d like:

the original iPhone
Samsung Galaxy S 4G
Samsung Galaxy Tab 10.1 LTE
Samsung Infuse 4G
iPad 1 and 2

You can also see some comparisons between the original Samsung Galaxy S and the iPhone 4 here: iPhone 4 hands-on Review as well as here: white iPhone 4 hands-on.

When questioned by Apple, Bressler “walked the jury through” three iOS device patents and described the patents in detail to the jury according to The Verge. One patent showed off the iPad’s flat face, rounded corners, and black border under the tablet’s front glass panel. Another of the three patents described the flat front face of the iPhone, while a third described the rounded corners and bezel that existed in the first iPhone released to the market.

Bressler’s testimony compared the iPhone patents to the Samsung Galaxy S 4G. Bressler made it clear that he felt Samsung’s design to be not so fabulous when it comes to originality when it comes to being viewed by “regular consumers.” Bressler noted specifically:

“It’s my opinion that this phone, the design of this phone would be considered substantially the same” – Bressler

Similar connections were made when Bressler continued while Apple’s representation showed their iPad patent set side-by-side with the Samsung Galaxy Tab 10.1 LTE specifically. Bressler pointed out a number of “alternative designs” for tablets (a collection of tablets that we’re trying to get a list of now – hold tight), showing how each of them were “clearly different” from Apple’s iPad and each of the patents that surround it.

Samsung was allowed to cross-examine Bressler, showing the industrial design expert at least four different examples of “prior art” that they felt were similar to the iPhone’s front face. Bressler did not agree with Samsung’s line of questioning, saying Samsung’s comparison was an “improper analysis.” Bressler noted that these comparisons (we must assume they looked something like this) could not be taken with only one single, straight-on image as Samsung appeared to be relying on.

Samsung then spoke (represented by Charles Verhoeven in this case, by the way), about the flat, flush glass face of the iPhone as well as the original iPhone’s unique bezel. He showed the jury two devices at the same time as questioning Bressler about them: the Infuse 4G and the Galaxy S 4G.

For the Infuse 4G, Samsung showed that the glass face is not completely flush as each iPhone has been since the first (as seen above.) For the Galaxy S 4G, Samsung contended that the device’s bezel “flares” when viewed from the bottom or the top of the phone.

Bressler was having none of it, saying that the patents at hand did not work in the way Samsung was suggesting. Instead, Bressler said, they had to take into account the “ordinary observer” – aka the “regular consumer” as well as the “overall impression” the devices presented.

Stay tuned as the Apple vs Samsung case continues and millions (if not billions) of dollars are held up in the air, ready to drop into the wallet of the winning manufacturer of lovely smart devices. Check the timeline to see several stories leading up to this point in time as well – don’t miss a thing!


Apple’s expert witness says the magic words: “substantially the same” is written by Chris Burns & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.


YouTube kicked from iOS 6, Apple comments

This week it appears that Apple is taking the war to Google in more places than just the courtroom as the dedicated YouTube app long-present in the basic build of iOS for iPhone and iPad has been nixed in the beta for iOS 6. This move by Apple has the potential to deal a massive blow to Google as the owner of the world’s most popular online video service, while no sign has been shown yet of what Apple intends to replace the omnipotent mobile staple with. Apple has included YouTube as an app on every version of the iPhone since its launch in 2007 – until now.

Apple has taken the time to comment on the situation with a statement sent to the press that includes confirmation that they will not be including YouTube in future builds of iOS for the time being. Apple’s cutting of this application is due to their license with Google being expired and they’re recommending that users visit YouTube in their own Safari web browser for the time being.

“Our license to include the YouTube app in iOS has ended, customers can use YouTube in the Safari browser and Google is working on a new YouTube app to be on the App Store.” – Apple

This comment appears via Apple on The Verge where they hypothesize that Apple had planned on cutting the app at this time to schedule it right alongside their own Apple Maps release. This Apple Maps app has been shown by Apple to be a next-generation mapping app that will replace their own reliance currently on Google Maps. Meanwhile MacRumors notes that the embedded viewer will still be working on current iOS devices until further notice.

Google is reportedly working on both a Google Maps app and a YouTube app that will fully replace what they’ve currently still got on the iPhone, iPad, and iPod touch. Stay tuned as SlashGear continues to investigate and find how Google will deal with this one-two punch from Apple from their hero mobile device collection.


YouTube kicked from iOS 6, Apple comments is written by Chris Burns & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.


Samsung “icon theft” images shown by Apple

This month the epic court war of Apple vs Samsung is taking place and the newest battle is in: Apple is presenting a set of slides which accuse Samsung of straight up copying their designs for mobile device icons. In each of the following slides (included in this post) you’ll find Apple’s presentation (via CNET) to be quite convincing in some areas and perhaps a bit of a reach in others. It’s all up to your own senses, of course, until the jury is able to reach a conclusion of their own in this massive and multi-faceted case.

First have a peek at what could be an undeniable theft or, if Samsung is able to convince the jury, an incredible coincidence. This is the Telephone app icon for the iPhone – which still exists today – as it appeared on the first iPhone. Below the image, as it is with the rest of the examples as well, Apple shows a collection of Samsung devices with their icon of choice for the Samsung Android version of the Telephone app. Green icon with a white landline-type phone aiming upward and to the right.

Next is the iTunes trademark as compared to Samsung’s choice of a CD with a music note in front of it. This is a bit of an odd one because Apple’s icon for iOS (on the iPhone, iPad, and iPod touch) is actually more of a music note in a white circle than it is an iTunes logo. Apple presents their original trademark application image for the iTunes logo to the right of the mobile icon for comparison to Samsung’s collection below.

Next is the Settings icon from iOS being compared to the Samsung Settings icon on everything from the Captivate to the Galaxy S II. One might ask one’s self why the gear is being claimed by Apple when it should be clear that the base Android system the Samsung devices in question were built on also had a gear for its own shortcut to Settings. Have a peek first at the Apple comparison to Samsung, then to an icons pack from an early version of Android: version 1.6 Donut.

There’s a Notes app in both the iPhone and each of the Samsung devices Apple is showing in this next slide. This is where things get a bit more suspicious once again as not only are the colors replicated rather closely, but the lined yellow paper looks the same as well. Why on earth neither company went for the more obvious sticky-notes type icon, we cannot say!

The Photos icon comparison between iOS and the Galaxy line of Samsung smartphones is a bit odd as there is indeed a flower in both of the options – but they’re sized quite differently. Apple’s icon is a clear image of a sunflower on a blue sky background while Samsung chose to have flower pedals shown with two photos of those pedals sitting on to, with a play button on top of the stack as well.

Finally there’s the Contacts icon as presented by Apple (as it is with the rest of these slides) with the original iOS icon up top and a collection of Samsung Galaxy smartphones below. Though the color scheme here isn’t the same, it’s quite clear that both of these groups grabbed inspiration from the same source. OR that one saw the other at some point and decided to make good.

Make your own judgements here and let us know if you feel that Apple or Samsung – or both – were wronged in how similar their mobile device icons look to one another. It’s no small accusation saying that a design was copied directly from your own, and we hope neither company is taking any of this situation lightly.

Have a peek at the timeline below to see additional insights into this case and stay tuned as Apple and Samsung cut each-other to shreds over the coming weeks and months.


Samsung “icon theft” images shown by Apple is written by Chris Burns & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.


Steve Jobs secretly “very receptive” to iPad mini

Steve Jobs’ famed dismissal of 7-inch tablets may have been more misdirection than authentic dislike, with internal emails shared during the Samsung lawsuit revealing the founder was “very receptive” to a smaller iPad. The tablet tidbit was revealed during testimony by Scott Forstall, Apple’s senior VP of iOS software, in the San Jose court, with Jobs’ attitude described by senior vice president of Internet Software and Services Eddy Cue after he himself had an epiphany of sorts following some quality time with the original Samsung Galaxy Tab.

Jobs had made headlines with comments back in October 2010 that users would need to sandpaper down their fingertips in order to use 7-inch slates, which the outspoken CEO described as “tweeners” falling in-between phone and true tablet. As of January 2011, however, high-level mutterings around smaller iPad possibilities already appeared to have been considered to have earned Jobs’ approval. In an email from Cue to Tim Cook, Scott Forstall and senior VP of worldwide marketing Phil Schiller, CNET reports, several positive use-cases are cited based on a third-party editorial piece on the iPad and smaller models.

“Having used a Samsung Galaxy [Tab],” Cue writes, “I tend to agree with many of the comments [in the editorial] (except actually moving off the iPad). I believe there will be a 7″ market and we should do one.” Despite Jobs’ public attitude, Cue says he “expressed this to Steve several times since Thanksgiving and he seemed very receptive the last time.”

According to Cue’s own experience, “email, books, Facebook and video [are] very compelling on a 7″. Web browsing is definitely the weakest point, but still usable.” Jobs’ original criticisms had been that “this [7-inch] size isn’t sufficient to create great tablet apps, in our opinion,” something which the GigaOm disagreed with.

Whether Cue’s enthusiasm actually resulted in a smaller iPad project is unclear, though it’s worth noting that rumors of a 7.85-inch model have persisted over the past months. Such a tablet could have half the resolution of the current new iPad – i.e. run at the same 1024 x 768 as the original iPad and iPad 2 – it’s suggested, making for easier app transitions from the 9.7-inch model.

Jobs was known for his proclivity to misdirection, publicly insisting one thing while Apple simultaneously beavered away on the opposite behind the scenes. Comments on video not being something suited to portable music players – then countered with a video-capable iPod – have often been cited as evidence of that. The growth of smaller tablets such as Google’s Nexus 7, not to mention budget ereading slates such as Amazon’s Kindle Fire and larger phones like the Galaxy Note, have seen the tablet segment change significantly since those original 2010 comments, however.

Forstall declined to comment on future iPhone or iPad plans as part of his testimony.

[Image credit: Ciccaresedesign]


Steve Jobs secretly “very receptive” to iPad mini is written by Chris Davies & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.


NASA Mars Rover Curiosity makes a perfect landing

Over the past few weeks we’ve been watching NASA’s work with their newest Mars Rover to make its way to the red planet. Three hundred and fifty million miles away from Earth, Curiosity landed on the planet after having worked through the sequence outlined by the group over the past few weeks. This mission was launched on the 26th of November, 2011, and has make its landing here on the 5th of August, 2012 with flying colors.

The entire sequence of events went exactly as planned as NASA live-streamed the entire event via their own set of feeds pushed through USTREAM. Of course one of the most interesting subjects surrounding this whole event was the delay between when the ship nears the atmosphere and when the actual rover touches down on the planet. Three ships have moved toward, past, and/or into Mars, those being named MRO, Odyssey, and MSL. The MSL unit is the one that contained Curiosity, and both Odyssey and MRO were sent to collect information about the landing of MSL’s payload – again, Curiosity.

Heartbeat Tones, as they’re called, let the crew know that all was well, and inside the “7 Minutes of Terror” tensions were high. Of course no matter how well prepared a crew such as this could have been, tensions would have been through the roof. Months of preparation and millions of dollars were already in the project and all there was to do inside the last set of minutes was wait.

“We have venting” – cruise Stage Separation – five minutes to entry – all was going well, it seemed.

And for 7 full minutes there was barely a sound save for the brief reports – then it happened. “We are processing data from the Odyssey. We have a connection but we don’t have any data yet. There we go.”

At this point the rover had already landed – in fact it’d landed right at the moment when NASA started to receive signals that the ship had entered the atmosphere. The vehicle flew down toward the surface of the planet at mach 2 – “parachute deployed” – “we are decelerating – 150 meters per second.”

Needless to say, the cheers got louder and more joyous each announcement of a plateau. “We are in powered flight. 500 meters from planet. Stand by for skycrane. 40 meters altitude. Skycrane has started. Expecting final cut shortly.” Each announcement became more exciting.

And then there was an explosion of cheers – it’d worked! Touchdown!

All was well, the Curiosity Rover had landed successfully. Joy for all and the work could start once again. Now we all get to have a peek at the red planet once again. Have a look at our timeline of this event and stick around SlashGear for big findings from the rover for some time to come.

top
safdsa
wer
erhr
afgawe
agarw
agrarw
agawr
agerw
awh43
best
gawaweawe3333333
gaa4
aeh44
afaewawe
sdafa
sdfds
h54yw45
hare4
ah3434
a34h3ah
ah3434h
ah443
agh443
a4h3
ag443
a345h34
argh54534
awga4
ag4a4
h3w45
awgaew
sadfasd
sadfdsaf
fgsdfgds
342342342324
waeea
asdfsd


NASA Mars Rover Curiosity makes a perfect landing is written by Chris Burns & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.


Apple’s Phil Schiller reintroduces the iPhone in Samsung case

The senior vice president worldwide marketing at Apple, Phil Schiller, took the stand in the Samsung case this morning to convince the jury that the iPhone‘s design and Apple’s approach with it and the iPad were wholly unique. In doing so, Schiller (and Apple) hope to make it clear that there are elements that Samsung latched on to for their own smartphone and tablet lines in a way that damaged Apple’s prospective sales in the process. Schiller’s questioning in the case thus far has ranged from the development of the iPhone (and the iPad at the same time) to the company’s advertising strategies from start to present.

Apple counsel Harold McIllhenny questioned Schiller first, asking him about how the iPhone was created. One of the publications present at the trial is Bryan Bishop from The Verge, who recounts that Schiller began his set of answers with the following statement:

“We started to look at whether you could put entertainment content on cellphones…. We realized at the time that some phones weren’t any good as entertainment devices. … The iPhone was a brand-new concept. A new generation of smartphone. The way we ended up helping people understand it’s capabilities was to break it up into three uses.” – Schiller

If you’ll remember back to 2007 when Steve Jobs introduced the iPhone, he did indeed call it a revolutionary project made up of three elements: “Three things: a widescreen iPod with touch controls, a revolutionary mobile phone, and a breakthrough internet communications device. An iPod, a phone, and an internet communicator. An iPod, a Phone – do you get it? These are not three separate devices. This is one device. And we are calling it iPhone. Today Apple is going to reinvent the phone.”

Schiller continued in the case (fast forward again to 2012, of course) saying that the reaction to the device being revealed was everything from “over-the-top positive reactions” to “doubt that Apple could succeed with it.” Schiller let it be known, though, that sales were “extremely good” and that, “each new generation sold approximately equal to all previous generations combined.”

Speaking about the iPad then, Schiller recounted how Apple at the time considered the device as a risk to their image. The iPad was “a dead category” at the time, he noted, and “it was a big gamble to introduce the iPad for a number of reasons. First, this was a new category of devices.” Apple’s legal defense showed an image of each of the four distinctive iPhone models that have been on the market thus far, noting that according to Apple, “something we’re known for” is the dots on the bottom of the display as well as the icons and display itself.

Schiller made sure to note that “consistency” and “beautiful, colorful icons,” have been paramount in keeping the iPad successful. Advertising is another element mentioned, with “product as hero” being Apple’s product-first advertising strategy in a nutshell.

As far as the surveys mentioned earlier today before the trial began, Schiller noted that Apple did indeed do web surveys as well as phone surveys on items on the docket such as how important the look and design was for purchasers of the iPhone 3GS and 4. The answers for this set of questions were an astounding 85 percent in the “important” or “very important” categories for a customer’s purchase of a device. This bit of information of course will be used by Apple to push for the idea that Samsung’s supposed theft of their look and design ended up damaging the company in the long run.

Stick around as Apple continues to face off against Samsung in the trial that’ll one way or another take a big swipe out of one of the two companies before its all said and done. Check out the timeline below to stay up to date on all of the proceedings as well.


Apple’s Phil Schiller reintroduces the iPhone in Samsung case is written by Chris Burns & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.


Apple’s Samsung sanctions denied as Schiller and Forstall testify

Apple’s draconian sanction demands for Samsung have been rejected, with the Apple vs Samsung judge refusing to grant an early victory and instead waiting to hear from top Cupertino execs today. Following Samsung’s publication of rejected evidence, much to the court’s fury, Apple had insisted that the only rightful judgement was that its design patents – and accusations of Samsung infringement – be upheld. Justice Lucy Koh failed to agree, however, instead laying down the law to Samsung with regards what “Sony-style” design evidence it could cite. Meanwhile, senior VP of worldwide marketing Phil Schiller and senior VP of iOS software Scott Forstall are expected to testify first thing on Friday morning.

Samsung had strongly protested against Apple’s requested punishment, describing it as “an affront to the integrity of the jury.” Part of Apple’s argument had been that, while the jury itself was barred from reviewing press about the ongoing case, individual members could be externally pressured by family and friends who had seen details of Samsung’s unofficial arguments. Apple’s demands were “frivolous,” Samsung concluded.

Although a ruling directly in Apple’s favor was apparently out of the question, Judge Koh was quick to lay down the rules to Samsung once more, FOSS Patents reports. She listed the five reasons believed to be behind Samsung’s intentions with the “Sony-style” evidence and excerpts from testimony by ex-Apple designer Shin Nishibori:

“(1) [to] rebut Apple’s creation theory that the iPhone was ‘revolutionary’; (2) to rebut allegations of copying; (3) to establish that the industry at large was moving toward the basic design concepts; (4) to prove design functionality; and (5) to rebut allegations of willfulness” Judge Lucy Koh, San Jose Court

Of those five, only reason number four will be permitted, Koh instructed Samsung. The South Korean company will be allowed to cite an internal Apple email regarding iPhone design functionality, along with sections of an expert report which mentions Sony designs as evidence of the functional nature of iPhone design.

Schiller and Forstall are expected to be quizzed by the court over the inspiration for the iPhone and iPad’s design, along with details of high-level discussions regarding Samsung’s alleged infringement of design patents. Meanwhile there will also be questions around Samsung’s counter-claim, which argues Apple refused to license Samsung patents over 3G technology for the iPhone and iPad.


Apple’s Samsung sanctions denied as Schiller and Forstall testify is written by Chris Davies & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.


Samsung confirms Galaxy Note 2 debut imminent

Samsung’s August 29 event at IFA 2012, confirmed yesterday, will indeed see the launch of the Galaxy Note 2 the company has reportedly revealed. Although the invitations Samsung issued yesterday to the Berlin press conference did not indicate which device or devices would be on the agenda, the Korean firm supposedly told Reuters that “we plan to unveil the next Galaxy Note at the Samsung Mobile Unpacked event.”

That would mark a year since Samsung revealed the first Galaxy Note, the wraps for which were taken off back at IFA 2011. Opinions at the time were divided, with the handset’s oversized 5.3-inch touchscreen and digital stylus – with various customizations to the Android OS to accommodate the pen – leading some to dismiss the Note as neither as useful as a tablet nor as pocket-friendly as a smartphone.

However, consumer response to the Note was surprisingly warm, thus prompting Samsung’s attentions for a second version. The new Note 2 is believed to feature a 5.5-inch display, with a narrower bezel that means the phone itself can be no larger than the existing model.

According to leaked benchmarks, meanwhile, the Note 2 is also tipped to have an Exynos quadcore processor – like the Galaxy S III – clocked at 1.6GHz. There’s also evidence of a 1280 x 720 screen resolution and Ice Cream Sandwich as the OS; other tattle has indicated the camera will be polished as well.

SlashGear will be at IFA 2012 to bring back all the details.


Samsung confirms Galaxy Note 2 debut imminent is written by Chris Davies & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.


Samsung evidence dismissed in droves in Apple case

From 2001: A Space Odyssey to “Sony Style Designs”, Samsung is having some fairly bad luck, it seems, with finding designs that Apple may have been inspired by for their iPhone and iPad devices. This is all part of a court case going on in the United States in which Samsung is being accused of creating devices that are so similar to Apple’s products that they feel they’ve been robbed, so to speak. The case centers around patent infringement, prior art, and the idea that one company may be inspired by another without “copying” them without mercy.

Today’s revelation comes in a sheet submitted by Judge Koh, in charge of this case, which includes several prior art examples that Samsung says came before the iPad and/or the iPhone which Apple must have been inspired by. We’ve seen most if not all of these examples before, leading up to this case, but with one swoop, the judge appears to have dismissed the lot of them. Above what you’re seeing is a scene from 2001: A Space Odyssey in which an IBM-made concept tablet computer – or a display, rather – is shown in full use. Below is the full list of dismissals shown today.

The Blue Glow patent listed in the first row is one in which Samsung is attempting to show that they did not copy Apple’s rubber-band scrolling effect in iOS. Most of these items have been dismissed because they do not successfully match up with what Koh sees as close enough to Apple’s design for their mobile mainstays OR they’re not being seen as important to the proceedings.

In other words, it doesn’t matter if Apple’s designs had anything to do with the designs in 2001, for example, if Samsung straight up copied Samsung. That’s not necessarily what’s happening here, but Koh is essentially that Samsung will not be allowed to point fingers at other designs to get the law off their own back.

Check out the timeline below to see additional pieces of this story as the tech trial of the summer continues!

[via AppleInsider]


Samsung evidence dismissed in droves in Apple case is written by Chris Burns & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.


Android multi-user support uncovered in Jelly Bean

Several codes and files have been uncovered this week in the deep depths of Google’s mobile OS Android’s newest iteration that have lead hackers to believe that multiple user accounts may be active in future versions of the software. This would mean that even on a device as small as a smartphone you’d have a login screen where you could have separate accounts for me and you, your momma, and your cousin too. What the developers down at XDA have figured out thus far is that in Jelly Bean you are indeed able to activate such a function, but it’s not yet entirely complete.

Below this paragraph you’ll see a video made by user zanderman112 that shows off how you’ll be able to activate this function for yourself on an Android device (here a Galaxy S III) running Jelly Bean. It’s not recommended, of course, since it’s not yet a complete function – and it wont work all that great either, when it comes down to it. But the fact remains – multiple user accounts DO exist on Android in the code that’s already readily available from Google.

This ability at the moment sometimes works to create a second user – a guest – who will be able to explore the device in a limited nature. They’ll have a settings menu, for example, with only Wi-fi, Bluetooth, Sound, Display, Security (limited security), and About phone. We expect that this ability will be live by the time Google unleashes its next flavor of Android sometime in the next year.

But what is it good for?

The possibilities are as wide as they are on a desktop computer. With Google already launching into the peripherals with the currently phantom Nexus Q, we’ll be seeing more devices of all shapes and sizes playing with Android in the very near future. With multiple user accounts per device, Android will be able to be used on larger and larger devices much more rapidly – and realistically – very soon.

[via XDA Developers]


Android multi-user support uncovered in Jelly Bean is written by Chris Burns & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.