Tuesday, August 7, 2012
Updated on the 5th of Apple and Samsung: all the symbols
As mentioned in the reports yesterday, the court today will spend most of the time to question the designer Susan Kare, who is responsible for the design of the original Mac icons. Susan is a member of the Macintosh development team from the beginning, she was the one who should design the famous logo on the Mac such as graphics at startup "happy Mac", font Chicago and genera, and symbols such as lasso (lasso) and the container. The layout of the icons on the iPhone is one of the focuses in the lawsuit between Apple and Samsung, so expect Susan trial will provide more useful information. First, as usual, is the description of the accession process and work in Apple's Susan. She had a period of 4 years working at Apple, from 1982 to 1986, in Macintosh software development team with the title "artist Macintosh". Then, she requested an explanation of the symbols, which she says is "the design was created by the sub-pixels." She said she has designed thousands of icons for hundreds of different customers, including those designed for Microsoft, Apple and even the icon format. Gif for Facebook. Susan asked that she be made when designing studies no icon? She replied "The most important element in my work is what people think of an icon .... I have practical experience when out and saw what I did." However, Susan said, adding that her superiors have made professional research and share results with her. Susan Kare, and some icons designed by Ms. Next, Apple's lawyers asked Susan to consider the design patent, to assess whether there are any other options for the design of the iPhone screen or not, and most importantly is whether Samsung is back graphical on-screen copy of Apple or not. Susan comparison of the 305 patents Apple about the layout of icons on the iPhone 5. Despite the changes between versions, but the main points as a symbol rectangle with rounded corners remain. Thus, "I can recognize a common design on all iPhone models." She asked whether the same point on the device that Samsung does not, she replied "yes". She compared directly with models fascinate invention of the Samsung 305. "My conclusion is the screen of the device the application must have significant similarities with the 305 patent." Samsung oppose this statement because it is not in the original report of Susan. The company also stressed that this comparison is not reasonable, because Susan comparison application screen rather than the main screen. A series of Samsung phones such as Captivate, Continuum, Droid Charge, Epic 4G, 4G Galaxy S, Gem, Indulge, Infuse 4G, Mesmerize, Vibrant and Galaxy S Showcase is brought to compare. Conclusion of Susan remain the same "impressive overall design" of these products are similar to patents listed. The shape of the icon, the icon in the lower edge base and the legs the font style is not what makes her think of the similarities. Susan still compare the application screen, not the main screen. A small difference is shown on the Showcase sample, but still does not change the conclusions of Susan "I look at the overall impression. I'm not ignoring anything, I consider all factors. And conclusions My general impression is that this pattern is very similar to Apple's patents. " Switch to the allegations of industrial design (trade dress). Susan said, "I was asked to consider the Apple monitor, compare it with some application screen on Samsung phones, and to express an opinion on whether the user is confused because of the similarity or not ". A 3G iPhone is brought out for comparison with the application screen of the Samsung 11 devices. "I got home that the overall impression of the application screen of the device 11, when compared to iPhone 3G, is similar and confusing". Samsung protest, said Apple has never mentioned the misleading when making allegations of design technology. Opposing disabled. Susan was asked about the basic elements that can cause users confusion. "In my opinion, the characteristics of graphic elements to create the overall impression, may confuse consumers. This conclusion is partly based on the analysis of my vision. I remember once I expert witness in the incident at a law firm. On the table there is a lot at the phone, I can see the screen of the device, and I need an iPhone to presentation graphics user interface. But how that I picked up a Samsung phone. I often think of myself as a person very interested in the details in graphic design, so that I was mistaken this devices through other devices. Therefore, besides the analysis itself, I was confused like that. " Apple offers a slide image again, the main screen of the iPhone early, compared with 11 of the Samsung devices. Susan and conclusions remain the same. She also noted that the latest IOS version, the background (background) is designed "special" than the old version, help reduce the confusion, but we can not completely overcome this problem. The next section, the court discussed different design options possible, ie the same meeting a need but do not copy each other. Susan said the goal is "to go to a variety of ideas to solve a design problem on the screen. It is not necessarily science. This is where you find fun. Think about an issue, and to try to correct it with a better plan. You can only be limited by your own imagination only. " Susan spent a number of different design options, one of which is the BlackBerry Torch products. Apple's lawyer asked her that this product has been marketed or not, "I saw a this, so surely there must be sold." Susan comparison Torch and iPhone. "I looked at the screen and see some of them feature allows performing very similar tasks. This shows that you can develop a design that does not cause confusion with a different design. You see, on this screen we have some icons do not follow a particular format (to compare with the icon on the iPhone), and they look completely different. " Susan said, "I see the similarity between the phones of Samsung and the iPhone seems no coincidence happened again. It seems Samsung iPhone screen to use as models." A page in the document internal review of Samsung Apple wants to provide some further evidence, but Samsung protest. Apple refers to them as the "delayed action" in the context of both parties have very little time to prepare. Many documents have been put into evidence at the hearing last week. Judge Lucy prompted Apple to provide the basis for new documents added. These documents are internal documents assessment of Samsung, which points out the similarities between the iPhone icon and Galaxy S. Susan describe them to the jury, but can not read verbatim objections by Samsung. Part of Apple's done. Samsung's lawyer, Charles Verhoeven will continue the questioning. First, Charles asked Susan why not compare to the main screen that compares the application screen on Samsung products. Susan said she does not measure the main screen, but she agreed that the user will see the main screen, when they open it up, and will take a second operation to the application screen. Charles wanted to illustrate to the jury see how users go to the application screen. Apple requests are checked before making device. The reason is that there are some patches are attached on the phone, and Apple wants to know whether they have been removed or not. The state court shows that Samsung has removed the patch was out, with the consent of Apple, because they obscure brand logo on the back of the machine. Charles demonstrated to the jury the boot process Charge Droid products, have the appearance of the machine opens up the Samsung logo, accompanied by the sound of Droid robots. He countered accusations of Apple when asked Susan, "you agree with me that after the user has to go through all the steps to the application screen, they know this is a Samsung phone, right?" Susan refused to answer and said that she had no expertise in behavior smartphone use by the user. "I can not answer because I do not know about consumer behavior. Question he has posed, it is beyond my understanding." Charles asked again, that is true that Susan does not know what she said "yes, as a user interface design." Charles and Susan conducted comparing 305 samples fascinate invention. Charles wanted to give Susan a laser pen to point out that she is confusing. She refused an amusing "I'm not an expert on the use of laser pens." Both 2 focuses on the message icon on the iPhone and fascinate. Despite the similarities in color and how to choose the logo image, Susan admits they are not really the same. Charles continued his questions to the YouTube icon on the Calendar and 2 devices. Charles had a tactical question quite successful in today, so he continued to use them. He pointed out that on the fascinate no Maps icon and Stocks. Susan short answer, agree with Charles. Next, Charles talked about the iPhone device icon, reproduced on the product quite clearly fascinate. On the phone logos, Susan says, "I know this design since 1938, I find it nostalgic style." Charles tries to convince Susan agrees with me that it is a classic phone normally, but Susan does not agree. Representatives of Samsung move to debate on the green phone icon. "Green is meant to go, right," he asked. "Apple owns both green game". Susan said, "I see many icons of all kinds of mobile phones," includes many different colors. Charles jumps to clock icon and stock photography. Charles implications of the question, "the design is obvious, right?" but he did not ask him directly. Charles put the iPhone to a projector to illustrate the boot process, but he did not open the phone, and not with the help of the staff in the legal team. Charles asked Susan whether the iPhone's Home button is located in the allegations of industrial design or not, she replied, "My task is to talk about the display, not hardware." Charles asked about how Susan arranged alphabetically applications in the application screen. "Sorting alphabetically is useful technique? I mean, she does not think so?". Susan correctly answered only in a few cases, and "the elements of the screen will depend on the number of screens available, and how they are arranged. Therefore, I would not conclude that the arrangement alphabetically always better not sort alphabetically. " Charles continues involving a rotation about the obvious point of the design, Susan questioned that in the communication, better images or words. Susan answered not in some cases, such as technology development and "we find traces of these products in a rather strange, because the design industry has changed," for example such as printers. However, "as opposed to words, sometimes a picture of the general nature and universal." Samsung's lawyer reiterated the point of using Apple's design needs because of features, and asked that the practical considerations of sensors can be related to the placement or not. Susan said, "if you have a touch product, and you use your fingers to manipulate it certainly would have considered" the distance and the icon layout on the screen. Charles asked Susan if she had thought of factors when evaluating feature violated patents and industrial designs or not. "My main expertise related to design the general impression - was built by about 20 component elements; I also agree that there should be a mechanism to help 20 active elements. However, I do not pay much attention to structural problems that are active in showing the way of things. " Charles moved to export questions about Susan that her evidence brought before it. Charles asked Susan that she thinks triangular icon will work well as a rectangular icon no. Susan can answer that, although she has not seen an actual product like that at all. Charles then put the words of Susan export documents to the jury, in which Susan replied the contrary. Susan said she saw the words in the import of their testimony preparation, and likely will change her answer to a certain question if asked again. Susan Charles sought to force disclosure weaknesses. Susan mentioned earlier that ranges colorful icons on IOS is a unique operating system. Charles re-open range of the BlackBerry Torch and only in 2 to 3 different colors on an icon range. He asked Susan if she can tell the jury that on the Torch display no color or not. (Note of the verge: the display of the Torch generally have a dark and monochrome). Charles asked the amount that Apple paid to Susan in this case $ 550 / hour. The total amount that she received to this point? About $ 80,000. Finish the questions of the Charles. Apple's representatives back with some more questions. Apple used to compare the internal documents of Samsung, the two products is the iPhone 3G and Galaxy S. Representatives of companies want to go further to analyze the clock icon, but Samsung protested and for that split the icons to look like that is not reasonable. Apple compares the clock icon in the document's icon on the form Samsung and fascinate. Image alarm clock green has turned into the front of a clock, which Susan is very similar to the Apple symbol clock. The icon changes from a telephone keypad to picture a classic tube speaker - again, very similar to the iPhone icon. Charles returned, indicating that the internal documents have an idea "confusion can occur with the same symbols as messages and e-mail", this can imply only the confusion of users can occur between the icons on the Galaxy S. He said this is a problem in terms of features, and any change is to cater to the need to ensure functionality. Apple shot back immediately. Samsung has changed the message icon to avoid confusion? A dialog box on a green background, like the Apple logo. Charles recalled the words of Susan that she also stated that the message on the iPhone icon and fascinate not really the same. Susan agreed, but said she still sees similarities. The question to Susan Kare end here. Source: The verge ...
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