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Samsung takes excluded evidence to the media, gets reprimanded - Page 2

Well, it's even worse than that. By that point in the middle of the last decade, Apple already had iPhone designs which looked a lot like what would eventually become the iPhone 4 - the rounded corners, flat front and back, bezel size, home button, side switches, the works. It appears one of their designers then decided to conduct a thought-experiment, "What would this design look like in Sony drag (circa 1983)." So they added a few old skool Sony-styled buttons and switches to it, and that little Sony-esque knob.
None of which I might add ever made it into either the original iPhone, the iPhone 3G or the iPhone 4.
These are common design exercises - "How would Sony do it?" "How would Le Corbusier do it?" "How would Geiger do it?". The difference is Apple never released and never attempted to make money from this homage, whilst Samsung manufactured their Apple-copy and made money from it.
I don't expect a direct answer to this, only more weasel words from DaHarder.
Samsung takes excluded evidence to the media, gets reprimanded
Shocking?
Not really. Business as usual at Samsung.
http://www.nytimes.com/2007/11/20/business/worldbusiness/20samsung.html
Part of that smack might be to let the jury be told what Samsung did and how it is contempt etc.which will leave a bad taste in the collective mouth and could hurt things for Samsung
If you have been hanging around that long then you might have noticed that it helps at least to indicate who you are responding to, if not actually quote the post.
I think it is more of a question: Do they really think they're above contempt of court?
"Can't innovate anymore my ass!" -- Phil Schiller
"Can't innovate anymore my ass!" -- Phil Schiller

Then how would you explain the pictures of the phones that were made available to all that predate the original iPhone?
If a biased judge won't allow it they let it slip to the press to get a fair trial. This puts Judge Koh on the hot seat and all but guarantees a retrial if Samsung loses, they knew exactly what they were doing. That's why the GS3 is the hottest selling phone in the world.
It was a brilliant move by Samsung.
How old are you? That's not how it works. Disobeying a judge doesn't put the judge on the hot seat, it puts you in jail. It's more likely a desperate PR move because it is irrelevant to the case whether Apple copied Sony.
iPhone 4s, iMac, Apple TV 2nd Gen, iPod Nano
iPhone 4s, iMac, Apple TV 2nd Gen, iPod Nano

Meet the 16 ‘crazy’ designers of Apple’s iPhone
San Jose, California: Apple Inc’s celebrated industrial design team is a group of around 16 “maniacal” individuals from all over the world who spend a lot of time brainstorming around a kitchen table.
The world’s most valuable technology corporation on Tuesday allowed a rare glimpse into a zealously guarded internal hardware design process that has produced some of the world’s most celebrated consumer electronics.
In a high-profile US patent infringement trial against Samsung Electronics Co Ltdthat began this week, it called 17-year Apple design veteran Christopher Stringer as its first witness.
Stringer looked every inch the designer with his shoulder-length hair, salt-and-pepper beard, wearing an off-white suit with a narrow black tie.
“Our role is to imagine products that don’t exist and guide them to life,” he told the jury.
Apple’s products — particularly the seminal iPhone — are held in high regard throughout the industry. The gadget that revolutionised the smartphone industry is prominently displayed in the avant-garde San Francisco Museum of Modern Art.
The company, which is accusing its South Korean arch-foe of stealing iPhone and iPad design and features, owes a debt to creative guru Jonathan Ive and his cadre of designers a s sembled from Britain, Australia, the United States, Japan, Germany over more than a decade.
Stringer said Apple’s group of 15 to 16 industrial designers — headed by the British-born and recently knighted Ive — work on all of the company’s products and dedicate time every week to discuss them, mostly at the kitchen table.
That’s where the group is “most comfortable,” he said.
Ive’s team leads works out of a large, open studio on Apple’s campus in Cupertino, California, with music blaring through a giant sound system and access strictly limited to a small portion of employees, according to a 2006 profile of Ive in Business Week.
BRAINSTORMING
Most of the team have worked side-by-side for 15 to 20 years, said Stringer, who has “hundreds” of design patents to his name.
“We have been together for an awfully long time,” Stringer said. “We are a pretty maniacal group of people. We obsess over details.”
Over the years, the team earned a reputation for blending the aesthetically appealing with the functional. Stringer worked on the original iPhone — internally codenamed M-68 — and almost all of Apple’s mobile products.
Once a product design idea is solidified through a brainstorming session, the design team sketches those ideas and models it through a Computer Aided Design process.
The design team doesn’t follow a linear creative process from idea to sketch, model and then to engineered demo, Stringer said. Developed concepts will be scrapped if a better idea comes along, he said.
“We are always doubting. We are always questioning.”
Stringer listed some of the manufacturing problems for the original iPhone, from putting glass in close proximity to hardened steel to cutting holes in the glass.
“People thought we were crazy,” he said.

Stringer's the dude with long hair and beard on the left.
Edited by Rogifan - 7/31/12 at 8:35pm
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One form of design process is to attempt and empathize what aspires you, either through trying to understand their spirit, thought process or in this case creative company culture to break out of your own process. Hopefully ending up seeing some "aha!" moments.
Saying that 26% of parts in the first iPhone is Samsung parts doesn't equate to innovation on their part at all, or to show that Apple was lacking in innovation.
As history have shown, it is possible to use existing parts and be creative enough to invent something new.
Edited by moustache - 7/31/12 at 8:25pm
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It's basically the 2nd gen and 6th gen iPod nano design, but sideways. On the iPod nano, the flat parts are the top and bottom. And with the 2nd gen nano having been released in September 2006, you can bet that there's even priorer (priorlier?) art than that in the form of its prototypes.
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I don't see it so much as a PR move, but the only card they can play. We've all seen the evidence and exhibits, there might be a bit more we don't know about but mostly it's pretty clear that Samsung hasn't got a leg to stand on unless they can prove this one single point.
I think they leaked it for the same reason that the lawyer literally begged it to be included. It's the only really good card they have. Without this, they are sunk.
I wish we could get a clear answer to why the pictures of the prototype phones from Samsung that they claim predate the iPhone are being excluded. I have a good idea why and there are several logical choices as to why, but every time it's reported it seems to be mixed up with the issue of the "Sony" iPhone prototype (mostly because Samsung joins the two together in any statements they make), when the two things shouldn't really be related at all.
This just gives fuel to people like DaHarder (currently set on "ignore" for me, whew!), who rightly point out that the two issues have nothing to do with each other. The lack of clarity from all sides is infuriating and the third hand reporting by lame tech blogs just muddies things up even more.
The pictures may be excluded because they are predated by the "Purple" iPhone design in 2005, because they were never released as phones, because Samsung can't prove they were actually designed in 2006, or a whole bunch of other possibilities. It would be nice to get a clear statement on it.
“There are more blowhards in tech and media than there are at a carnival.” Bob Lefsetz
“There are more blowhards in tech and media than there are at a carnival.” Bob Lefsetz
While Samsung said during the trial that it had more than 1,000 people working on the design of products, Stringer said Apple’s industrial design team is a small group of about 15 people from countries including the U.S., U.K., Australia and Japan.
So even with more than 1,000 people working on product design they still can't figure out how not to copy Apple.


The pictures may be excluded because they are predated by the "Purple" iPhone design in 2005, because they were never released as phones, because Samsung can't prove they were actually designed in 2006, or a whole bunch of other possibilities. It would be nice to get a clear statement on it.
That will happen when you have to hire graphic designers in a hurry to conjure up "old" designs. (^_-)

Then how would you explain the pictures of the phones that were made available to all that predate the original iPhone?
If a biased judge won't allow it they let it slip to the press to get a fair trial. This puts Judge Koh on the hot seat and all but guarantees a retrial if Samsung loses, they knew exactly what they were doing. That's why the GS3 is the hottest selling phone in the world.
It was a brilliant move by Samsung.
No it's a stupid move. If a judge issues an order and you violate it, you are in contempt. That pisses off the judge and screws up your appeals attempts. Smart would have been to do nothing and if they lost to file an appeal over the evidence that was unfairly excluded and possible bias
If Samsung valued all evidence being used, maybe they shouldn't have destroyed thousands of emails eh?
Just being asked to design something the way one company would design something would not constitute copying a design. In fact, it could have been a defensive move to make sure that Apple wouldn't design something that Sony would claim to be copying. Since the iPhone was something so new, they wanted to make sure that a device of that caliber would not be confused as a Sony product if they were to independently be developing one. (Since Sony is one of few tech companies other than Apple that has a design aesthetic of their own).
Remember, the best designs are not created by how many ideas you keep, but how many ideas you throw away. Design is a subtractive process which Jony Ive himself has stated. So knowing what NOT to do is more important than knowing what to do. This is something that 99% of people do not understand, and certainly not the "design is an afterthought" competitors. By designing a "Sony-inspired" iPhone, they found what to remove from the final design.
Lastly, designing something as part of the design process does not constitute copying since the design process is an iterative critical process.

Putting anyone in jail would be kind of pointless really.
The kind of things Samsung's lawyers are doing are so egregious and so blatantly stupid and self-serving that more and more I think that the problem here is cultural. This is a case of two groups of people looking at the exact same facts and seeing them completely differently, not a case of some smart lawyer trying to get away with a tricky "tactic."
The comment about them making 26% of the iPhone just shows an absolutely astounding lack of understanding. It makes no sense to think of these millionaire business dudes and high priced lawyers being so stupid or trying to get away with such ridiculous stuff. It makes more sense to assume that they just don't "see it" because the cultural basis of the understanding is missing.
I agree with the overall assumption of cultural but not in this case. They are American lawyers being paid for council and representation. Any American lawyer should have (and may have), said "We don't do that here."
However your second paragraph quoted, it seems like a basic start. I'm only using a basic computer analogy here but when it doesn't start, check the plug. Then check something one the same circuit. Going a long way here but my point is start with the basics and graduate from there. The lawyers picked the jury so maybe none of them have owned an Apple or Samsung phone. Not unbelievable really, especially when I read about 'feature phones', and the new Android equivalent on this very site. So the lawyers would start with what a non-tech following individual would know, or rather wouldnt know. I mean, wouldn't you?
I'm only quoting and responding. I mean no disrespect.

http://go.bloomberg.com/tech-blog/2012-07-31-apple-trial-offers-glimpse-of-kitchen-table-product-design/
So even with more than 1,000 people working on product design they still can't figure out how not to copy Apple.

If this is true I find it incredibly amazing. Did they specify which department they were in? Are those people designing washing machines, refrigerators and t.v.'s or do they have 1,000 literally working on phones? I'm seriously curious.

It's basically the 2nd gen and 6th gen iPod nano design, but sideways. On the iPod nano, the flat parts are the top and bottom. And with the 2nd gen nano having been released in September 2006, you can bet that there's even priorer (priorlier?) art than that in the form of its prototypes.
I love that!
Please say that will be the next iPod mini or even iPod! Awesome, useable and the size is befitting of even a woman's fingers vs. the new nano.
Wow! You're posting cool pics like you did before you had to adopt that rather nerdy signature...
...and it think you were getting at...
You can bet there is earlier art than even these pictures imply regarding prototypes.
Now I understand all the 'one liners' you keep pumping out.
Edited by Vadania - 7/31/12 at 10:16pm


Then how would you explain the pictures of the phones that were made available to all that predate the original iPhone?
If a biased judge won't allow it they let it slip to the press to get a fair trial. This puts Judge Koh on the hot seat and all but guarantees a retrial if Samsung loses, they knew exactly what they were doing. That's why the GS3 is the hottest selling phone in the world.
It was a brilliant move by Samsung.
It was a desperate move by Samsung., and just serves to make them look guilty. The case isn't about who came up with the idea first (though I can't remember anyone arranging apps into tiles before Apple. I could wrong though) ; it's about Samsung copying Apple's designs.
And don't think that deliberately disobeying the judge (twice!) is going to win them a sympathetic judge at any appeal.
To be honest, I didn't think Apple had much of a case until Samsung started shredding documents. Certainly looks like a company with something to hide.
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Then how would you explain the pictures of the phones that were made available to all that predate the original iPhone?
If a biased judge won't allow it they let it slip to the press to get a fair trial. This puts Judge Koh on the hot seat and all but guarantees a retrial if Samsung loses, they knew exactly what they were doing. That's why the GS3 is the hottest selling phone in the world.
It was a brilliant move by Samsung.
I work with Chinese and Korean factories every day. They have no idea how to come up with their own designs. Their only motivation is to steal ideas in hopes they can make money because they have no trademark laws. When we have something made in China or Korea, we have to have the patent/trademark imbedded in the mold so they can't give our molds to another factor for profit.
I think you missed the point of my post.
I was saying I don't believe it. If there's truly 1,000 designers working on phones then their result is pretty pathetic. That's 40,000 man-hours per week (not sure why they're called MAN hours) and from what I've seen of their phones, it just doesn't make any sense.
O.k. I looked it up. So MAN hours is what a MAN can accomplish in an hours worth of work. (I know it sounded simple, so i assumed it meant something more than that.) That's rather denigrating... I do however agree if it's physical labor.
Edited by Vadania - 7/31/12 at 11:10pm

I think you missed the point of my post.
I was saying I don't believe it. If there's truly 1,000 designers working on phones then their result is pretty pathetic. That's 40,000 man-hours per week (not sure why they're called MAN hours) and from what I've seen of their phones, it just doesn't make any sense.
Edited by Rogifan - 7/31/12 at 11:09pm
Good read, but seriously a pretty crazy post size wise? I think a link or two would have done just fine.
Tallest, now that everyone's read it? Can you shorten it? It's bigger than the originating article.
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I agree with the overall assumption of cultural but not in this case. They are American lawyers being paid for council and representation. Any American lawyer should have (and may have), said "We don't do that here."
However your second paragraph quoted, it seems like a basic start. I'm only using a basic computer analogy here but when it doesn't start, check the plug. Then check something one the same circuit. Going a long way here but my point is start with the basics and graduate from there. The lawyers picked the jury so maybe none of them have owned an Apple or Samsung phone. Not unbelievable really, especially when I read about 'feature phones', and the new Android equivalent on this very site. So the lawyers would start with what a non-tech following individual would know, or rather wouldnt know. I mean, wouldn't you?
I'm only quoting and responding. I mean no disrespect.
You are right that it's not as simple as I made out. I thought of some of the same objections to my argument after I made it. But I think culture has to play a part at some level.
Another thought is that the lawyer (who is likely American, I don't know), is grandstanding and throwing a lot of chaff in the air to distract. We have to remember that stupid, stupid, OJ Simpson trial where the jury turned out to be easily led by theatrics and conspiracy theories. This kind of smells similar.
I don't know anyone who didn't just laugh out loud at the stupidity of that "If it don't fit, you must acquit" crapola from Johnny Cochran, and the next day everyone where I work was talking about the absolute ridiculousness of the claim in a factual sense. Weeks later however, after the trial, when the jury was asked about what went through their minds, most of them thought that the glove thing was some kind of slam-dunk evidence-wise and didn't see it for the grandstanding that it was. Several of them said that this piece of theatrics accompanied by what was (to anyone with a modicum of intelligence), a ridiculous convoluted conspiracy theory where the police were out to get blacks and framed OJ, was the main reason for their not-guilty votes.
In other words, juries are dumb as bricks on average, and conspiracy theories are more popular than the facts. The lawyer may be playing to emotions here.
People of Asian descent, especially recent immigrants may have enough of a chip on their shoulder to buy into a conspiracy theory of that type although I don't know if there are any Asians on the jury. I understand they are quite the minority in the USA.
“There are more blowhards in tech and media than there are at a carnival.” Bob Lefsetz
“There are more blowhards in tech and media than there are at a carnival.” Bob Lefsetz
If he'd shortened it then we might not have got the part about the "Golfbag full of money" which is, in my opinion, priceless.
Golf bags stuffed with cash? Who does that?

the Galaxy maker noted Samsung parts account for some 26 percent of an iPhone and asked, "who's the real innovator?"
What about the people who made the screws, plastic, metal and glass? That has to account for over 50% of the phone. Technically, Apple doesn't even own the iPhone.
And for Samsung, what about all the miners who dug up all that rare earth elements that makes up Samsung's electronics, "who's the real innovator?". It's the miners! The Chinese miners are the real innovators for every electronic device ever created.
In all seriousness, who writes this stuff for Samsung?
And who put the rare earth elements there in the first place? God! God is the real innovator!
- Samsung takes excluded evidence to the media, gets reprimanded
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