Apple-Samsung case restarts today

Samsung designer set to refute claims that the firm is a slave to Apple fashion

The trial between Apple and Samsung restarts today with a slimmed down crowd compared to last week, with Samsung's lawyers questioning their own designer, Peter Bressler.

Last week's session closed with Samsung chief strategy officer, Justin Denison, denying that the company had copied Apple in the design of its Galaxy phones and tablets.

That followed the revelation that Apple's co-founder and former CEO Steve Jobs had changed his mind about producing a "mini-iPad" and then subsequently came round to the idea of producing a smaller, 7in iPad.

Apple's lawyers had earlier tried to have the case settled in Apple's favour due to the repeated "sanctioning" of Samsung by the court judge; first, they claimed, for destroying evidence; and later for releasing information to the press that had been rejected by the court because it had been filed too late.

That move, however, was rejected by Judge Lucy Koh.

The material Samsung released to the press was intended to demonstrate that plenty of "prior art" similar to the first Apple iPhone existed before Apple formally launched the iPhone. These included a Samsung design, called the Ultra Smart F700.

Samsung also claimed that the development of the iPhone was inspired by a Samsung "fashion phone" produced with Bang & Olufsen. Apple's then-CEO Steve Jobs had described in a memo the idea of a dial of numbers around an iPod-style "click wheel".

"This may be our answer – we could put the number pad around our click wheel," Jobs wrote in his memo to Jony Ive and Apple designer Bas Ording. "Of course we should orient it like a watch, with 3, 6, 9, and * [instead of 12] in the pure horizontal and vertical positions, just like any clock."

In total, more than 40 iPhone and iPad designs and prototypes were produced by Apple before it settled on its version one products. According to Apple designer Christopher Stringer, the aim of the design team at Apple tasked with creating the first iPhone was to create a "new, original, and beautiful object" that would be "so wonderful the you couldn't imagine how you'd follow it".

He also revealed, however, that the group did not necessarily have the full support of Jobs. He had voiced doubts about the project before launch and one of the issues – the scratch resistant screen – was only solved weeks before production was to start.

The iPhone was such an original product, Stringer claimed in court, that Samsung had ripped off Apple. "It's a huge leap in imagination to come up with something new," Stringer told the court. "That's what we did."

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Apple-Samsung case restarts today

Samsung designer set to refute claims that the firm is a slave to Apple fashion

Look and feel
Apple marketing chief Phil Schiller also gave evidence last week, focusing on the look-and-feel aspect of Apple's claims against Samsung. He said that his first reaction on seeing Samsung's new products, post-iPhone, was that they had copied Apple lock, stock and barrel.

"I was pretty shocked at the appearance of the [Samsung] Galaxy S phone, and the extent to which it appeared to copy Apple's products, and the problems that would create for us as a marketing team," said Schiller.

He claimed that he had a similar reaction when he first saw the Samsung Galaxy tablet. "My first thought was, 'Wow, they've done it again, and they're just going to copy our whole product line'," he said.

However, Samsung's lawyers brought up a series of emails from Schiller from 2011, requesting a number of competing products in the tablet space that Apple's industrial design team could brainstorm about – implying that Apple is not as "innovative" as it likes to portray itself.

Apple is seeking $2.5bn (£1.6bn) in compensation for its claims of patent infringement against Samsung. In June, Judge Koh issued an injunction blocking the sale of the Samsung Galaxy 10.1" tablet for the duration of the case. The trial began on 30 July and is scheduled to continue until 7 September.