SAN JOSE – As many as 13 Samsung phones use “substantially similar” icons and display screens as protected in an Apple iPhone design patent, said an expert witness testifying for Apple. Another 11 Samsung handsets are “confusingly similar” in their trade dress, said Susan Kare, a graphics designer who created icons for the original Apple Macintosh computer.
“I had the experience of being confused,” Kare told the jury, describing her experience seeing a conference table full of operating handsets when preparing for her testimony with Apple attorneys.
“I went to pick up the iPhone to make a point and I was holding a Samsung phone,” said Kare who has run her own design consulting firm for 27 years. “I think of myself as someone who is pretty granular in looking at graphics, and I mistook one for the other,” she said.
Kare singled out the Samsung Captivate, Continuum, Droid Charge, Epic 4G, Infuse 4G, Vibrant and other handsets as substantially or confusingly similar to the iPhone and its D604,305 patent.
The Samsung phones had a few variations from the Apple designs that Kare characterized as minor. For example, some Samsung handsets had three dots near the top of the icons or a blue rather than a black status bar at the top.
“I noticed it but it didn’t affect my conclusion,” Kare said. "I felt it was pretty minor compared to the exciting mix of color icons that grab you, the [black] grid, the shape and the way the icons fill the screen [which] is mainly what you notice,” she said.
Samsung attorneys will cross-examine Kare later today.
I usually buy Rockport loafers, you know, those ox blood colored shoes that are sometimes called "penny loafers." I have to admit, I do get them confused with Florsheim, Hannover, or other brands. Oh my. What is one to do.
I use a Samsung phone and it's easy to tell the difference between it and an iPhone. The Samsung is all black on the sides, while the iPhone has an aluminum side. Black and aluminum look very different.
Does Susan Kare also get confused on which car she is driving?
My Acura RL is a copy of the higher-priced Mercedes sedan, but we don't see these two auto makers in court about the shape of their cars.
Our patent system is broken when a rectangle shape phone with rounded corners can be patented.
The "expert witnesses" for Apple are being paid by Apple, thus they will say whatever Apple tells them to say. Integrity can be bought. I have to believe that Steve Jobs would never have allowed this farce of a lawsuit.
I believe that Steve Jobs would have allowed for and pushed for this lawsuit if he believed that it could make Apple some money on the IP that they've beens spending money on. BTW, making a statement that she accidently picked up a Samsung phone suggests that she doesn't have much substance. I think my "relatively" non-technical wife would be able to tell the difference. She's an "expert?"
So let me get this straight. Apple hires an expert to testify that iPhone and Samsung phones are similar. So what is she supposed to say? "Apple is paying me $400 per hour and I think Samsung's phones are different than Apple's"??? Also this woman has been working for Apple. If she ever wanting to work again with them, would she testify against them?? Come on people!!
Yes, I did that too. so easy to get confused with those modern things.I picked up a Honda Civic Coupe instead of my Ferrari, both of them was red, has 4 wheels, two doors, a stearing wheel, two seats.....
I agree, but I'm not so sure that Jobs wouldn't have approved it. It would be part of his 'thermonuclear' assault on Android.
Just out of interest - when does a person ever have to choose a handset from a conference table packed with handsets? This does have to be a joke, right?
uh, I think apple deserve some credit anyway.
It's not sueing MS Win7/8 this round since Win7/8 is much more different than OS.
android camp did play lazy and cheap by imitating apple.
apple this poor man need some compensation.
In the automotive industry it's very easy to confuse one car with another as the manufacturers follow each other no more than a year apart. In fact when you sit in any current car, you'll notice that most everything even the switches for the power seats look and feel identical whether the car is from the U.S. Europe or Asia. This is the year of the mass introduction of direct injection and small turbo chargers on vehicle's premium engines. Can you name a manufacturer that doesn't have one?
The same goes for the fashion industry. Most everyone looks the same.
How are cellphones any different? They're mainly a fashion statement.
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