Judge blocks Samsung's 'Sony iPhone design' evidence

A few days ago, Samsung filed a legal brief in its long running lawsuit in the US against Apple, claiming that Apple may have stolen the design for the iPhone from Sony. Samsung was hoping this might be a way to show that Apple was guilty of taking ideas and designs from other companies in its products, rather than the other way around.

Alas, Judge Lucy Koh thinks otherwise. AllThingsD.com reports that late on Sunday, the judge ruled that Samsung cannot state how much of an influence that Sony's designs had on the iPhone in Samsung's opening remarks to the jury. Officially, the trial is supposed to begin today in a San Jose courtroom with the process of jury selection.

Samsung won't give up on this argument. In a statement, it says, "We are very disappointed by the court’s decision, which bans the use of evidence critical towards proving that Apple’s design is neither new nor unique. We will immediately file an appeal, as we believe the jurors deserve to hear the whole story behind the development of Apple’s design."

Samsung wants the jury to hear evidence that Apple designer, Shin Nishibori, created a CAD model of a phone that looks very similar to the final design of the iPhone and that it was inspired from Sony's product designs. Samsung also wanted to bring in Nishibori as a witness during the trial but AllThingsD.com reports that Nishibori's lawyer says that he won't be able to attend.

In fact, Nishibori's lawyer claims that he no longer works at Apple and now lives in Hawaii, where he is "trying to recover from several health issues.” An update on his LinkedIn page shows that Nishibori left Apple earlier in July.

Source: AllThingsD.com | Image via Legal Brief

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wanna get rich?
1 - create a patent for something that you'll never create.
2 - wait for some big enterprise to develop technology that uses that patent (acknowledgedly).
3 - profit!

most of the readers in this and other sites agreed that the patent system is borked and this lawsuits are getting more and more ridiculous. also the products bans hurts consumers.

they all copy / steal and then sue each other with such a high moral; pathetic.

Post on Engadget shows iPhone "Purple" which was designed before the Sony mock-up. That alone just invalidated Samsung's evidence. Apple's being forced to reveal all their guns now. Still think the judge is slightly biased...but I think this whole case is a joke in the first place. TV companies aren't suing each other for all looking pretty damn alike.

Did nobody read the previous article? This prototype up there was made by an apple designer, who was told to design it like it was from sony. It just happen that he put a sony logo on it (which apple later changed to jony).

Read people, before commenting.

FrancoisC said,
Did nobody read the previous article? This prototype up there was made by an apple designer, who was told to design it like it was from sony. It just happen that he put a sony logo on it (which apple later changed to jony).

Read people, before commenting.

Read before you claim to have read. The prototype was based on a conceptual design from Sony from which was the basis of Apple's prototype -- hence the purpose of the evidence.

If they wish to claim they own the patent to the design, which was conceptualized by Sony, then that blade cuts both ways since they actually can not own it since there is evidence of previous works. Despite the product never being created, they do not own the design conceptual or not.

/thread

Edited by ahinson, Jul 30 2012, 4:18pm :

I did read the article, but I did not see anywhere it was based on an actual sony model. I'll check that back at home. Contrary to some people, i can admit my mistake (not talking about you )

ahinson said,
Read before you claim to have read. The prototype was based on a conceptual design from Sony from which was the basis of Apple's prototype -- hence the purpose of the evidence.

If they wish to claim they own the patent to the design, which was conceptualized by Sony, then that blade cuts both ways since they actually can not own it since there is evidence of previous works. Despite the product never being created, they do not own the design conceptual or not.

/thread

Actually Sony had no design, they made some statements on simplifying the phone and this is what an Apple Designer came up with.. It is an Apple design for a non-existent Sony product.

Apple and Sony aren't the best of friends either, if there was anything to this, Sony would be involved.. but there isn't.

Ryoken said,
Actually Sony had no design, they made some statements on simplifying the phone and this is what an Apple Designer came up with.. It is an Apple design for a non-existent Sony product.

Apple and Sony aren't the best of friends either, if there was anything to this, Sony would be involved.. but there isn't.

You're misunderstanding the idea behind a conceptual design. It can exist only in "design language," which Apple acknowledged by rendering a prototype from them. All of this aside, Apple claims to have an earlier design to the Sony inspired design called the "Purple".

"Samsung cannot state how much of an influence that Sony's designs had on the iPhone"

They don't have to. We're not blind, you know. This judge needs to be removed for good.

Has Samsung requested a different judge yet? because whenever Apple is in court(in America) this Lucy Koh is always the judge.

Zeet said,
Has Samsung requested a different judge yet? because whenever Apple is in court(in America) this Lucy Koh is always the judge.
This has more to do with where Apple is filing its suits. She's a judge presiding over the U.S. District Court for the Northern District of California -- which is where Apple's headquarters resides (Cupertino, CA).

In the unlikely event the jury finds for Apple, there will be an automatic appeal by Samsung. After all, Apple DID steal ideas from other companies, who chose to not go that route back then, alas.

the judge ruled that Samsung cannot state how much of an influence that Sony's designs had on the iPhone

Yet Apple can state how much of an influence that their designs had on Samsungs phones/tablets?

The only element that is similar with this sony design and the iPhone is rounded corners. Everything else is different. Take your iPhone, place it next to the screen of these pictures and tell me what all is similar about the design rather than the corners.

If Samsung wants to play this game, Apple can as well. Just look at the images below.

http://cdn3.digitaltrends.com/...xy-s-iii-front-and-back.jpg (Galaxy SIII)
http://th04.deviantart.net/fs7...y_glaskoenig201-d4ctda4.png (iPhone 3GS)

Those two have much in common as the Sony phone and the iPhone 4. So Apple can easily turn around and use this.

If it was such a copy, however, I think Sony would have said something about it if the design was so similar.

They look nothing a like at all in the slightest. ithe Galaxy even has a big Samsung on either side.The buttons are different only thing that is similar is the silver outer casing. Even then the Samsung is thinner than apple's.

We can always blame Arnold Schwarzenegger. He appointed her to judge of the Superior Court of Santa Clara County after all...

itylernallen said,
The only element that is similar with this sony design and the iPhone is rounded corners. Everything else is different. Take your iPhone, place it next to the screen of these pictures and tell me what all is similar about the design rather than the corners.

If Samsung wants to play this game, Apple can as well. Just look at the images below.

http://cdn3.digitaltrends.com/...xy-s-iii-front-and-back.jpg (Galaxy SIII)
http://th04.deviantart.net/fs7...y_glaskoenig201-d4ctda4.png (iPhone 3GS)

Those two have much in common as the Sony phone and the iPhone 4. So Apple can easily turn around and use this.

If it was such a copy, however, I think Sony would have said something about it if the design was so similar.


My God! It's like I'm looking at two different smartphones but something is off, wouldn't it be totes rad if smartphones were liek triangles or something?

itylernallen said,
The only element that is similar with this sony design and the iPhone is rounded corners. Everything else is different. Take your iPhone, place it next to the screen of these pictures and tell me what all is similar about the design rather than the corners.

If Samsung wants to play this game, Apple can as well. Just look at the images below.

http://cdn3.digitaltrends.com/...xy-s-iii-front-and-back.jpg (Galaxy SIII)
http://th04.deviantart.net/fs7...y_glaskoenig201-d4ctda4.png (iPhone 3GS)

Those two have much in common as the Sony phone and the iPhone 4. So Apple can easily turn around and use this.

If it was such a copy, however, I think Sony would have said something about it if the design was so similar.

strike 1 try again

Denis W said,
Convenient to pull out the corruption card when things don't flow your way, eh?

Samsung has manged to stop Apple lawsuit rubbish in pretty much every court except this one, this one judge seems to defy the trend which is really odd.

Denis W said,
Convenient to pull out the corruption card when things don't flow your way, eh?
Convenient to come out of the woodwork when you think things are flowing your way, isn't it?

thealexweb said,
Samsung has manged to stop Apple lawsuit rubbish in pretty much every court except this one, this one judge seems to defy the trend which is really odd.

Except as an American, what I see done in the UK for example is awesome. Apple loses in the face of being overly vague, where the UK just doesn't put up with it. That's unfortunately not how things work here in the US. I'm not saying our way is better or anything, but that it's pretty damn annoying when people start wanting to boycott Apple rather than protest the very laws that enable Apple, Samsung, and every other player out there to do this sort of thing.

That's where I feel Denis' words come into play: people seem to only get this bent out of shape against Apple, rather than have any anger or hostility towards the real source of the problem that makes this sort of thing legal.

dead.cell said,

Except as an American, what I see done in the UK for example is awesome. Apple loses in the face of being overly vague, where the UK just doesn't put up with it. That's unfortunately not how things work here in the US. I'm not saying our way is better or anything, but that it's pretty damn annoying when people start wanting to boycott Apple rather than protest the very laws that enable Apple, Samsung, and every other player out there to do this sort of thing.

That's where I feel Denis' words come into play: people seem to only get this bent out of shape against Apple, rather than have any anger or hostility towards the real source of the problem that makes this sort of thing legal.

That's a good summary and I agree

And for the record I'd rather this whole circus be done with as soon as possible and they'd just get straight to licensing deals. At least from my own personal point of view, I would much prefer reading about what's new and hot than reading bickering over patent litigation (which sadly people view more these days as a source of revenue than a way to defend the rights of real inventors).

Put the tin foil hats away, it's being blocked because Apple demonstrated that they'd had a similar design prior to this one making it irrelevant.

bobbba said,
Put the tin foil hats away, it's being blocked because Apple demonstrated that they'd had a similar design prior to this one making it irrelevant.

Well no, then samsung WOULD have to tell the people that when they showed the evidence and the people would then ignore it because it's older, that's not up to a main judge to decide what they can and can't see.

bobbba said,
Put the tin foil hats away, it's being blocked because Apple demonstrated that they'd had a similar design prior to this one making it irrelevant.

Yet Apple insisted that Samsung was copying them even though they had several similar designs prior to the iPad.

Had it been a criminal trial i would've agreed the evidence might be irrelevant to the case at hand but since it isn't, i believe it's very important to establish that Apple have themselves "copied" (willingly or not) from others.

Basically a thief is accusing a thief of stealing his stolen property. (Yes i'm aware that the analogy is absurd, but that is how Apple would present it(except the part about stealing it themselves of course)

jon.01 said,
Certainly blocking evidence can't be legal.
It's not. Sitting on a jury there is evidence that is admissible and inadmissible in court. It's usually up to the judge to decide.

jon.01 said,
Certainly blocking evidence can't be legal.

The funny thing is, this same judge blocked Samsung's request to remove pictures of Steve Jobs from Apple's slides, lest the jury be swayed by his personality rather than the facts of the case.

simplezz said,

The funny thing is, this same judge blocked Samsung's request to remove pictures of Steve Jobs from Apple's slides, lest the jury be swayed by his personality rather than the facts of the case.

Is she the one that also won't allow quotes from Steve Jobs biography in court? Been following this stuff since the beginning but not a deep as some of you so certain names aren't committed to memory.

I am really starting to believe that Koh is in Apple's pocket, she's been blocking Samsung at every turn, this is definitely a judge on the take!

Asrokhel said,
I am really starting to believe that Koh is in Apple's pocket, she's been blocking Samsung at every turn, this is definitely a judge on the take!

Because Samsung really has no clue wrt to IP laws.

virtorio said,
Second paragraph: Judge Lucy Koh

It actually amazes me that such corruption is allowed in the judge system in the US, it's been published in newspapers and on the internet yet it's still seen as fine? It's blatent corruption which shouldn't be allowed, she she be instantly jailed for abuse of her power, if you're caught doing that in the UK it's instant jail and being struck off from working in the law system.

Nightwind Hawk said,
I'm assuming this is Lucy again?

Yep, the same judge who grants every Apple request, and denies every Samsung one. She's blatantly biased and should recuse herself immediately.

The problem with all your rage, is that if you knew anything about the evidence, you would know it was worthless..

Despite the Sony logo on that image, that phone w as designed BY APPLE.. Sony made some statements about trying to simplify phones, and this was a Render a Apple designed made up based on it..

At no point has there been any Evidence from anyone that Sony had a design like this..


I know actually learning the Facts about cases is hard, but it helps you not look like an idiot to people who actually have.