Apple witness builds Fidler tablet replica to disprove prior art claims

Posted:
in General Discussion edited January 2014
An Apple expert witness on Friday brought out a detailed recreation of the Fidler tablet concept in an effort to disprove Samsung's claims of prior art against the iPad.

In a somewhat surprising move, designer Peter Bressler brought out the replica when he was called to the stand for the second time on Friday as testimony in the Apple v. Samsung trial came to a close.

As noted by CNet, the reproduction was different than other exhibits seen during the case, including a number of phones and tablets presented by both parties to bolster their claims. Perhaps even more interesting is that Apple presented the Fidler concept recreation in testimony rather than Samsung.

Bressler, who said Samsung's designs are "substantially the same" as Apple's during testimony early in the trial, appears to have gone through a painstaking process to get the replica device built.

"This is a duplicate that I had created of Mr. Fidler's original tablet," Bressler said of the reproduction. "I went to Missouri with a model maker laser scanner and digitized the surface of [the] model, photographed them, measured them so that we could fabricated it to be exactly the same...right down to the scratches and the paint."

The designer used the custom built replica to point out how the concept does not reflect the tablet described in Apple's design patent, pointing out the obvious cutouts on the side of the device used to house memory cards and a stylus. Also contended was the edge-to-edge glass panel seen on the iPad, a feature not present with the Fidler tablet.

Fidler Concept
Fidler tablet concept. | Source: Apple v. Samsung court documents


Samsung brought the Fidler device up during proceedings as an example of prior art against the iPad's design, claiming Apple's tablet wasn't the first to employ rounded edges and a flat display. In addition to the concept unit, the Korean company also pointed to Compaq's TC1000 Windows tablet as an argument to invalidate the iPad's design patents.

Both parties are scheduled to present their respective closing arguments in court on Tuesday, with jury deliberations to follow.
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Comments

  • Reply 1 of 40


    W-O-W!

  • Reply 3 of 40
    kozchriskozchris Posts: 209member


    That is a really smart move. Should nip this fidler crap in the bud. Should.....

  • Reply 4 of 40


    Well, there will still be vodka....for Samsung. HA!

  • Reply 5 of 40
    It'd be funny if the jury was left with an iPad, Galaxy Tab, and these so-called prior art tablets like the TC1000 and Fiddler mockup during deliberations. Common sense will kick in when they can touch and feel the real thing, not just see it in photographs at a distance.
  • Reply 6 of 40
    hill60hill60 Posts: 6,989member


    After this case is over, there's a certain UK judge who needs to have a closer examination of this "uncool" model, preferably at high velocity to the back of his head.


     


    Might knock some sense into that idiot.

  • Reply 7 of 40


    Apple did bring in a parade of witnesses Friday like they had planned on doing. The Samscum lawyers, with no time left on their clock, sat there like dummies and could dispute only a single thing, so, to the jury, it looked like Samscum's lawyers agreed with the testimony. What a great image for Apple to leave in the jury's minds.


     


    One witness,Richard Donaldson, a former lead patents attorney for Texas Instruments Inc.testified, "Samsung Electronics Co Ltd abused its "monopoly power" and demanded an unreasonable royalty from Apple Inc for the use of wireless patents in the iPhone, hurting the device's commercial prospects."


     


    Another Apple witness,New York University professor Janusz Ordover likened that rate - equivalent to $14 per $600 iPhone - to a "holdup."


    "Samsung's conduct distorted the decision making process" in setting standards, said Ordover, a former deputy assistant attorney general for the Justice Department's antitrust division. "It enabled Samsung's technology to be introduced, to become part of the standard. They have acquired holdup power."


     


    "If other companies were to determine that this is a reasonable royalty, then the total royalty on the iPhone would be something like 50 percent," Donaldson testified. "It's neither fair nor reasonable because you could not be successful in the market."


     


    Other expert witnesses included Michael Walker, a former senior Vodafone Group Plc research executive, who from 2008 to 2011 chaired the European telecoms standards authority. He said Samsung failed to disclose in a timely fashion the patents referred to by Donaldson.

  • Reply 8 of 40
    solipsismxsolipsismx Posts: 19,566member
    hill60 wrote: »
    After this case is over, there's a certain UK judge who needs to have a closer examination of this "uncool" model, preferably at high velocity to the back of his head.

    Might knock some sense into that idiot.

    He may not be an idiot. Remember there are different laws, a different culture, and there are different lawyers (I assume) presenting and defending the case differently. I think even what Apple was suing for is somewhat different.
  • Reply 9 of 40
    hill60hill60 Posts: 6,989member

    Quote:

    Originally Posted by SolipsismX View Post





    He may not be an idiot. Remember there are different laws, a different culture, and there are different lawyers (I assume) presenting and defending the case differently. I think even what Apple was suing for is somewhat different.


     


    If he couldn't determine a difference between this mock up and the detailed specifics of Apple's design patents, it indicates that he only used a cursory overview when allowing it as "prior art".

  • Reply 10 of 40

    Quote:

    Originally Posted by SolipsismX View Post





    He may not be an idiot. Remember there are different laws, a different culture, and there are different lawyers (I assume) presenting and defending the case differently. I think even what Apple was suing for is somewhat different.


    Indeed. It was only just recently that America was pretty much the only major nation with a first-to-invent patent system whereas the rest of the world is first-to-file.

  • Reply 11 of 40
    hill60 wrote: »
    If he couldn't determine a difference between this mock up and the detailed specifics of Apple's design patents, it indicates that he only used a cursory overview when allowing it as "prior art".

    This mockup was made for the United States trial, not the UK one.
  • Reply 12 of 40
    solipsismxsolipsismx Posts: 19,566member
    hill60 wrote: »
    If he couldn't determine a difference between this mock up and the detailed specifics of Apple's design patents, it indicates that he only used a cursory overview when allowing it as "prior art".

    We need to consider that Apple's legal team was simply ineffective in presenting the case.


    "It's not what you know, it's what you can prove." ~Alonzo, from Training Day
  • Reply 13 of 40
    sflocalsflocal Posts: 4,612member

    Quote:

    Originally Posted by SolipsismX View Post





    We need to consider that Apple's legal team was simply ineffective in presenting the case.

    "It's not what you know, it's what you can prove." ~Alonzo, from Training Day


     


    I tend to agree as well.  I think that case was not as exhaustive as the one going on here in terms of presenting evidence.  I think if Apple's legal team went to the level it's going right now in terms of evidence-gathering, I think the outcome would have been different. 

  • Reply 14 of 40
    Also, hill69, remember that there are grounds other than prior art for invalidating a patent. Typical requirements include non-obviousness and originality.
  • Reply 15 of 40
    charlitunacharlituna Posts: 7,215member
    It'd be funny if the jury was left with an iPad, Galaxy Tab, and these so-called prior art tablets like the TC1000 and Fiddler mockup during deliberations. .

    It could happen.
  • Reply 16 of 40
    solipsismxsolipsismx Posts: 19,566member
    sflocal wrote: »
    I tend to agree as well.  I think that case was not as exhaustive as the one going on here in terms of presenting evidence.  I think if Apple's legal team went to the level it's going right now in terms of evidence-gathering, I think the outcome would have been different. 

    A great example of how much variance a case can have is Apple Corps v. Apple Computer. Apple (Computer) ultimately won but it wasn't cut and try over the decades and lawsuits. Wikipedia does a decent job of detailing the facts: http://en.wikipedia.org/wiki/Apple_Corps_v_Apple_Computer
  • Reply 17 of 40
    charlitunacharlituna Posts: 7,215member
    hill60 wrote: »
    If he couldn't determine a difference between this mock up and the detailed specifics of Apple's design patents, it indicates that he only used a cursory overview when allowing it as "prior art".

    Again you seem to be missing that the UK has different laws and definitions. So he may be 100% correct under UK law
  • Reply 18 of 40
    gatorguygatorguy Posts: 20,584member

    Quote:

    Originally Posted by SolipsismX View Post





    He may not be an idiot. Remember there are different laws, a different culture, and there are different lawyers (I assume) presenting and defending the case differently. I think even what Apple was suing for is somewhat different.


    ...even a different patent. US design patents aren't applicable to lawsuits in other countries AFAIK. They have their own versions which may or may not describe the same claims.

  • Reply 19 of 40

    Quote:

    Originally Posted by Gatorguy View Post


    ...even a different patent. US design patents aren't applicable to lawsuits in other countries AFAIK. They have their own versions which may or may not describe the same claims.



     


    Though, through WIPO there exists a system supporting the registering of a patent in multiple countries at once.

  • Reply 20 of 40
    richlrichl Posts: 2,213member

    Quote:

    Originally Posted by SolipsismX View Post





    He may not be an idiot. Remember there are different laws, a different culture, and there are different lawyers (I assume) presenting and defending the case differently. I think even what Apple was suing for is somewhat different.


     


    Agreed. Anyone who thinks that Colin Birss, QC is an idiot doesn't know the English legal system at all well. 

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