Apple accuses Samsung of introducing doctored and misleading exhibits, false claims

Posted:
in iPhone edited January 2014
Apple has raised a series of objections to Samsung's proposed exhibits intended for use during cross examination today, accusing the company of repeatedly creating evidence that is distorted, obscured or otherwise misleading while also raising false objections to Apple's own evidence.

Among the objections Apple raised was an exhibit created by Samsung that the company described as "misleading" because Samsung had altered the "accused devices" to "remove the screen, which may distract the jury from the asserted design," added graphics "that obscure portions of the accused devices, distracting from the overall impression of the accused designs," used images that "are not to scale or are misleadingly scaled," and "only show partial views of the asserted designs and trade dress."

In regard to a slide comparing iPhone 3GS to "several Samsung accused products," Samsung complained back that "there is nothing misleading or distracting because Samsung merely whites out the screen to allow a comparison of the overall design without that element, and then a comparison of the distinct features and the top and bottom of the phone."



A comparison of the two devices with the screen visible would clearly not be in Samsung's interest when defending against Apple's arguments that it has "slavishly copied" the iPhone. Recent testimony from Apple's iOS head Scott Forestall noted how Samsung had "copied many of the icons we created. they copied them blatantly and directly," specifically noting examples such as the merge call button.



Doctors of evidence

One Samsung exhibit Apple accused of being "misleading and confusing" because it compared "the D'305 patent and a photograph of a Samsung phone that includes the body style that is not accused of infringing the D'305 patent."

Apple complained that another exhibit proposed by Samsung was misleading because "the scale of the D'899 patent is enlarged to make it appear substantially thicker than the accused Galaxy Tab 10.1."

Last August, Samsung itself raised the claim that Apple had "reportedly doctored evidence" in Germany after an Android enthusiast blogger accused the iPad maker of using images that depicted the Galaxy Tab as having a screen ratio closer to the iPad that it did (below).



In that case however, the screen ratio used by Samsung was not at issue. Instead, Apple's claims described a strategic effort by Samsung to "slavishly imitate" Apple's striking product designs in a way that violates Apple's "valuable commercial rights."

Objections over vague, false objections

Apple also took issue with how Samsung was presenting its own objections related to witness exhibits and demonstratives.

"Rather than objecting only to the limited supplemental witness disclosures and Mr Forstall's materials," Apple stated in a filing, "Samsung re-objected and added new objections for all five of these witnesses' direct exhibits and demonstratives.

"Samsung asserted 125+ new and old objections to 95+ exhibits or demonstrative slides. Its objections spanned six single-spaced pages and used vague phrases like 'outside the scope' and 'untimely disclosed.'

"Samsung disclosed its objections late at night (at 12:26 am), forcing Apple to scramble to meet the Thursday 8:00 am briefing deadline. Yet upon request, Samsung refused to identify the specific objections that it intended to brief within the parties' five page limit."

Apple's filing further added "Samsung's 'object a lot, but vaguely' approach misled the Court into sustaining many of its objections -- including barebones, "untimely disclosed' ones that were patently false."
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Comments

  • Reply 1 of 61
    quadra 610quadra 610 Posts: 6,743member


    I guess this means Apple is serious. I can't help but be impressed with how they're just relentlessly keeping up the pressure. 

  • Reply 2 of 61
    smiles77smiles77 Posts: 668member


    Wow. Just wow. This has to be made into a movie in the next couple years. Something along the lines of the Facebook movie seems proper. Such a riveting story.

  • Reply 3 of 61
    tallest skiltallest skil Posts: 43,399member


    Originally Posted by Quadra 610 View Post

    I guess this means Apple is serious. I can't help but be impressed with how they're just relentlessly keeping up the pressure. 


     


    Thermonuclear.

  • Reply 4 of 61
    solipsismxsolipsismx Posts: 19,566member
    Are we really surprised? Did we think Samsung would be predatory and underhanded in their engineering, marketing and general business practices but not when it came to their legal team?
  • Reply 6 of 61
    gatorguygatorguy Posts: 20,282member

    Quote:

    Originally Posted by Quadra 610 View Post


    I guess this means Apple is serious. 



    I don't think anyone anywhere doubted they were.

  • Reply 7 of 61
    tallest skiltallest skil Posts: 43,399member


    Originally Posted by Rogifan View Post

    Forbes is live blogging the trial. Phil Schiller being cross examined now.

    http://www.forbes.com/sites/connieguglielmo/2012/08/03/judge-berates-samsung-over-excluded-evidence-calls-for-end-to-theatrics-in-apple-patent-suit-live-blog/


     


    How do you liveblog a trial? Why is that even allowed?

  • Reply 8 of 61
    rogifanrogifan Posts: 10,669member
    How do you liveblog a trial? Why is that even allowed?
    Judge said the trial would be open to the public, so I guess that means you can blog from it.
  • Reply 9 of 61
    maestro64maestro64 Posts: 4,479member


    As the Apple Turns, new soap opera if they were still a fashionable thing to watch

  • Reply 10 of 61
    tallest skiltallest skil Posts: 43,399member


    Originally Posted by Maestro64 View Post

    As the Apple Turns, new soap opera if they were still a fashionable thing to watch




    The Butt and the Bald has more intrigue. It's less intriguing, sure, but there's more intrigue.

  • Reply 11 of 61

    Quote:

    Originally Posted by Rogifan View Post



    Forbes is live blogging the trial. Phil Schiller being cross examined now.

    http://www.forbes.com/sites/connieguglielmo/2012/08/03/judge-berates-samsung-over-excluded-evidence-calls-for-end-to-theatrics-in-apple-patent-suit-live-blog/


     


    There's some good information in there. Each side has 25 hours of trial time. Judge Koh said objections would use up some of that time. Now we know why Samsung is filing so much crap - they want to make Apple use up their allotted time on useless objections and clutter, leaving less time for other, more important stuff.

  • Reply 12 of 61


    LOL.


     


    There's some live-blogging going on. Samsung got its own phones confused when cross-examining Schiller and handed him the wrong one. Schiller cracks a joke "Well, they're confusing".


     


    Priceless.


     


    EDIT: Samsung shows a chart of a survey that claims only 1% of buyers think phone design is an important criteria for choosing a device. Apple previously showed a survey that said 85% of people considered design important.


     


    Really Samsung? Maybe your buyers are less concerned, but to claim only 1%? Schiller objected saying it's worthless without knowing the methedology of the study.

  • Reply 13 of 61
    rogifanrogifan Posts: 10,669member
    LOL.

    There's some live-blogging going on. Samsung got its own phones confused when cross-examining Schiller and handed him the wrong one. Schiller cracks a joke" Well, they're confusing".

    Priceless.
    :lol:
  • Reply 14 of 61
    tallest skiltallest skil Posts: 43,399member


    Originally Posted by EricTheHalfBee View Post

    There's some live-blogging going on. Samsung got its own phones confused when cross-examining Schiller and handed him the wrong one. Schiller cracks a joke" Well, they're confusing".


     


    This whole thing is getting sad. It's like… the Three Stooges up there against legitimate lawyers, but these stooges are mirror-stooges (curly mustache and top hats), so you don't want them to win. It's hilarious to watch, and they certainly deserve to lose big time, but it's getting ever more depressing that they can't get it together.

  • Reply 15 of 61
    raptoroo7raptoroo7 Posts: 138member


    So Apple did in fact doctor the image to make the Galaxy Tab appear to be the same size, used the device in a vertical position when the tab's focus is horizontal.  The point is Apple did in fact do the same thing regardless of what they were claiming in that case they are just as guilty.

  • Reply 16 of 61
    rogifanrogifan Posts: 10,669member
    Forstall says he has 1,000 people working DIRECTLY for him. Huh? I can see that many people (or more) working on iOS, but working directly for Scott? Seems a bit high.
  • Reply 17 of 61
    gatorguygatorguy Posts: 20,282member

    Quote:

    Originally Posted by EricTheHalfBee View Post


    EDIT: Samsung shows a chart of a survey that claims only 1% of buyers think phone design is an important criteria for choosing a device. Apple previously showed a survey that said 85% of people considered design important.


     


    Really Samsung? Maybe your buyers are less concerned, but to claim only 1%? Schiller objected saying it's worthless without knowing the methedology of the study.



    That was taken from a user survey from Apple, not one by Samsung. On redirect Schiller got a chance to explain the methodology of the survey:


     


    11:47 AM Schiller is being given a chance to explain the chart that had just one percent of customers listing design as important to their decision. He says that in this instance people were asked what element, other than price, would be the most important.

  • Reply 18 of 61
    MacProMacPro Posts: 18,142member
    LOL.

    There's some live-blogging going on. Samsung got its own phones confused when cross-examining Schiller and handed him the wrong one. Schiller cracks a joke "Well, they're confusing".

    Priceless.


    If that's really true then hats off to Schiller for the quick response, that's one for the ages!
  • Reply 19 of 61
    jungmarkjungmark Posts: 6,661member


    Wait, is Apple saying they invented icons and the rectangle and the cell phone?


     


     


    /s

  • Reply 20 of 61
    rogifanrogifan Posts: 10,669member
    gatorguy wrote: »
    That was taken from a user survey from Apple, not one by Samsung. On redirect Schiller got a chance to explain the methodology of the survey:

    <b style="color:rgb(51,51,51);font-family:Helvetica, Arial, sans-serif;font-size:14px;line-height:23px;">11:47 AM</b>
    <span style="color:rgb(51,51,51);font-family:Helvetica, Arial, sans-serif;font-size:14px;line-height:23px;"> Schiller is being given a chance to explain the chart that had just one percent of customers listing design as important to their decision. He says that in this instance people were asked what element, other than price, would be the most important.</span>
    OK I'm confused. Is he saying the top two reasons are price and design? Or that only 1% thought design was an important element?
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