Apple used testimony from several expert witnesses Tuesday, including former Mac graphic artist guru Susan Kare, to emphasize to jurors that Samsung willfully copied its iPhone, iPad and iOS user interface designs. But Samsung's counsel continued to chip away at Apple's arguments by pointing out specific, undeniable design discrepancies between its products and Apple's.
"I reached for an iPhone because I could see the screen, to make a point about the user interface, the graphics -- and I was holding a Samsung phone," Kare said in court Tuesday. "I usually think of myself as someone who's pretty granular in looking at graphics, and I mistook one for the other. So I guess in addition to my formal analysis, I had the experience of being confused."
Kare concluded that the Samsung Fascinate, Captivate, Continuum, Droid Charge, Epic 4G, Galaxy S 4G, Galaxy S (i9000), Gem, Indulge, Infuse 4G, Mesmerize, and Galaxy S Showcase smartphones all gave a visual impression that was "substantially the same" as the iPhone -- and were in fact "confusingly similar" and "were beyond coincidental." Samsung has been trying to impress upon the jury that no one really gets confused between Apple and Samsung products, so the fact that a UI expert admitted to it could be fairly damning.
Kare expressed that she thought there are viable alternative designs to those employed in the iPhone. "This is what I do all the time," Kare told the nine-member jury. She designed icons for the Mac back in the '80s, as well as Facebook gift icons in more recent years. "It's what makes it fun."
Could Samsung have, for instance, used triangular icons instead of square ones? "I wouldn't agree [square icons are] a truism," Kare said Tuesday. Unfortunately, Samsung attorney Charles Verhoeven quickly pointed out, in Kare's earlier deposition testimony she said that triangles weren't optimal because you can't fit as many images on the screen.
Even so, one of Samsung's continued tactics in the case is to get Apple's witnesses to admit that when you look at individual details, there are significant differences between the iPhone and Samsung phones. But Kare said that she sees the parts that make a whole rather than "the ingredients that make a cookie."
Further hurting Samsung's case, a memo from the company's head of mobile communications JK Shin shown to jurors Monday afternoon, stated that the iPhone caused a "crisis of design" within the Korean company. Court documents (pictured above left and to the right) show the uncanny similarity between some Samsung icons and Apple's.
In a publicly released exhibit, Apple also detailed exactly how much in damages (.pdf) the company wants from Samsung for infringing on its various patents. The answer: more than $2.5 billion total.
The jury trial for Apple v. Samsung began last Monday. Apple claims Samsung is violating its design patents for the iPhone and iPad, as well as utility patents on UI features like the “bounce-back” effect when you reach the end of a list in iOS. Samsung claims Apple is infringing on its essential 3G patent holdings. The case, which just finished its fifth day of trial, is expected to last for at least two more weeks.
