Ondrej Holzman So far, during the patent dispute between Apple and Samsung, the industrial design of individual devices has been decided before the jury. However, Susan Kare, a well-known icon designer, has now come to the scene, testifying in favor of the Californian company.
Kare worked at Apple in the early 80s and designed several, now legendary icons for Macintosh. In 1986, she moved to her own company, where she created for other large technology companies such as Microsoft and Autodesk, but not for Apple anymore. But now Apple has hired her again to study Samsung phones in detail and testify as an expert witness.
The result of Kare's research was not surprising - according to her, the icons used by Samsung are very similar to those of Apple, which owns the D'305 patent for them. The mentioned patent shows a screen with icons that we can find on the iPhone. Kareová compared the iPhone with various Samsung phones (Epic 4G, Fascinate, Droid Charge) and in each case, she confirmed to the jury that Samsung's icons somehow infringe Apple's patents.
The Photos app icon explains everything
In addition, Kare claims that the similar appearance of the icons can also lead to customer confusion. After all, she experienced something similar herself. "When I visited the law office before I became an expert witness in this case, there were several phones on the table," Kare told the jury. “According to the screen, I reached for the iPhone to comment on the user interface and graphics, but I was holding a Samsung phone. I consider myself to be someone who knows quite a bit about graphics, and yet I made such a mistake."
By analyzing the individual icons in detail, Kareová tried to prove that the Koreans really copied from the Californian company. Apple has a trademark on most of its core icons – Photos, Messages, Notes, Contacts, Settings and iTunes – and all these icons are also marked as copied by the South Korean side. As an example of how to prove this, Kare chose the Photos app icon.
“The Photos symbol image looks like a realistic illustration or photo of a sunflower with a blue sky in the background. Although the flower evokes a photograph, it is also arbitrarily chosen because it represents frequent vacation shots (as well as beaches, dogs or mountains, for example). The image of a sunflower symbolizes a photograph, but it is not intended to sound like a real digital photograph. It's supposed to show a random photo without any links or hints. Here, the sunflower is a neutral object as is the image of a certain person or place, with the sky serving as a contrast and a symbol of optimism."
Apple could have chosen any image for its application, but for the reasons mentioned above, it chose a yellow sunflower with green leaves and the sky in the background - because it has a neutral effect and evokes a photograph.
That's why Kare believes that Samsung really did copy. On the icon for the Galleries application (an application for viewing photos on Samsung phones) we also find a yellow sunflower with green leaves. At the same time, Samsung could have chosen any other image. It didn't have to be a sunflower, it didn't have to have green leaves, it didn't even have to be a flower, but Samsung simply didn't bother with its own invention.
Similar analogies can also be found in other icons, although the sunflower is the most illustrative case.
Witness for $550 an hour
During the cross-examination of Kare by lead Samsung attorney Charles Verhoeven, the question of how much Kare is paid as an expert also came up. That's what the creator had Solitaire cards from Windows the simple answer: $550 an hour. This translates to approximately 11 thousand crowns. At the same time, Kare revealed that for her previous work on the Apple vs. Samsung has already received about 80 thousand dollars (1,6 million crowns).
Does anyone want to tell me that Americans are really such idiots that they can't tell the difference between two phones? And if I participate in the creation of icons and call myself an expert, then I should be able to tell the difference even with that blunt. I had nothing against Apple and I support it, but in this it seems to me like a little bastard who wants sweets and throws himself on the ground. Normally he'd get one behind the ear, but I'm afraid American patriotism won't fail on this one. Shame on you Apple!
They're probably not really such idiots, but Samsung's copying sprees have been going on for a long time, so it started to be solved in detail, where they copy everywhere. Inconceivable??
Disputes of course ;)
Disputes of course ;)
...that's a "sport" too;-)
They're probably not really such idiots, but Samsung's copying sprees have been going on for a long time, so it started to be solved in detail, where they copy everywhere. Inconceivable??
Not recognizing an iPhone from Samsung is probably an exaggeration, and arguing over a flower on the icon is probably too. But if we look at mobile phones and tablets before and after the iPhone and iPad, it must be clear to everyone that the design that Apple came up with was revolutionary and everyone used it afterwards. Try to come up with something revolutionary yourself, then you will understand how complicated it is... and it is really reprehensible that everyone just gets away with it, if Samsung were smart enough they would come up with their own revolutionary design, but they just don't have it, it's just a mass agglomeration that oversaturates it markets its 10 models a year and feeds on the ideas of others. I hope Apple skins them. God bless Apple :)
“…similar to those from Apple, who owns the D'305 patent for them. The patent mentioned shows a desktop with icons,…” I don't want to be a nitwit, but how can this be a patent? A patent is a technical invention, so it cannot be just some graphic representation. If you are already translating from English, please translate it into Czech nomenclature, i.e. industrial design or leave the English term, i.e. design patent. Thanks.
So the Mail icon with the envelope and Settings as a cog wheel are also an Apple patent? Those lawyers don't have an easy life, proving that sunflowers existed even before the iPhone... No one can take Apple's nonsense that it doesn't do market research or analyze customer needs seriously... By the way, it's interesting that Samsung didn't copy iTunes. As much as I cursed iTunes and its controls, using Samsung's Kies is a journey through purgatory...
"Those lawyers don't have an easy life, proving that sunflowers existed before the iPhone..."
What kind of stupid argument is that? So if I use a certain thing as an icon image and then someone else comes along who uses the EXACT SAME thing as their icon image, is that totally fine? Samsung had perhaps thousands of options on how to make the icon, but it chose a sunflower with green leaves, which Apple already has. It's clear copying. Try to think a little.
but if you look there is not much similarity in those icons. even though he used a samsung sunglass, the similarity between the two icons is really small, so don't say "THE SAME THING"
Samsung should have used a different image, not a sunflower. This is how it is very clear that they are trying to imitate Apple. If he had used a rose, for example, Apple wouldn't have given a damn.
And what kind of leaves should a sunflower have, pink? And blue flowers? If you consider the icons to be indistinguishable from each other, then use voice control. The icon with the house is also used as home and I don't see that there are copyright disputes about it... Apple is still using the American patent system and has $25 billion in lawsuits... I am not defending either Samsung or Apple, but if you think so , that Apple invented mobile phones, rectangular shape, icons, touchscreen, or anything else that it mounts on its toys, then you are wrong. (I have an iPhone myself, jailbroken and I am completely satisfied with it - and another article on Apple, yes, I buy applications from the app store.)
"And what kind of leaves should a sunflower have, pink? And the flowers are blue?'
No, Samsung should have used a different image in the first place, not a sunflower. It's too obvious like that. And it's even more embarrassing when someone defends it. Of course the sunflower has green leaves. But why did Samsung choose a sunflower out of 12345 possible options? Still don't understand? Still nothing? :)
"I'm not defending Samsung or Apple, but if you think Apple invented cell phones, the rectangular shape, icons, touchscreen, or whatever,"
I didn't claim anything like that and I don't think so.
And according to your brilliant logic, shouldn't Apple pay a descendant of van Gogh?
Van Gogh did not use his sunflowers as a gallery icon on a touch phone. You logic.
So the Mail icon with the envelope and Settings as a cog wheel are also an Apple patent? Those lawyers don't have an easy life, proving that sunflowers existed even before the iPhone... No one can take Apple's nonsense that it doesn't do market research or analyze customer needs seriously... By the way, it's interesting that Samsung didn't copy iTunes. As much as I cursed iTunes and its controls, using Samsung's Kies is a journey through purgatory...
The other day at school I see a classmate with a new mobile phone in his hand and I told him that it was a nice iPhone and the idiot then told me that he had a Samsung Galaxy... at that moment I felt like an idiot that I could have confused two mobile phones but he had one in hand and it was really similar, say what you want, but the two mobile phones are similar...
It is understandable that the icon is the same (similar) for Apple and Samsung.
If everyone put whatever they could think of, then the less skilled (seniors and children) wouldn't know their way around the phone. damn, the SMS icon is still similar on all phones (just an envelope) and no one minds it. It is interesting that for example someone did not patent the speedometer in the car (alarm clock) and for example MBW does not say that Audi copied it from him and there are also numbers and a hand.
It won't go anywhere like this.. Let them invent and others "adapt" in 1/2 year the phone is "old" and there is already a new type with a new function etc. and it competes...
If a lady is getting $550/hour for a sunflower design, then I understand iNěče's prices.
Mrs. Kareová thanks everyone who bought iNěco and contributed to her family budget :-)
Agreed (and I have an iPad 2 and an iPhone 4)
using a cover for sms is an obvious thing... it's the first thing that comes to mind. but do you really want to mark the gallery application with a sunflower? O_O
I don't know what thought processes I would have to have in my head to randomly come up with this myself... without using apple as a model :)
I don't understand how someone can not recognize those phones, those people are really too stupid or they are just pretending to defend their apple, and even that they confused a galaxy tab with an ipad :DDD well those sellers must have had a lot of fun with them
you see... different people, I don't understand different things :)
no one would have to understand how a person can make so many grammatical mistakes like you in practically two sentences :))
I really have to laugh at this (or cry? I don't know now), how can someone be an independent expert when they get 1,5 million from one company and nothing from another? But I still think that Apple will win in the USA, on the one hand it is a domestic company and then you can win a court case there with absolutely anything, see:
A thief breaks into a house and gets stuck in it, then sues the owner of the house for starving there, (before he went on vacation, so he ate most of the supplies) and a lawsuit what? will win…
Someone who eats at McDonald's every day sues him because he got fat... these cases have happened and there would be tons of lawsuits like this... so that's my view of US courts.
Furthermore, I don't understand why they chose the icon with the sunflower for comparison, when the icon with the handset is much more similar. There I see a sunflower on one icon and on the other some kind of unrecognizable flower with SURPRISINGLY green leaves + a frame + an arrow... the similarity is probably like an apple and a pear.
In addition, it seems to me that it is already on its head, arguing about the appearance of the icons, some design proposal of the entire phone I would still understand... as someone mentioned that someone should try to invent something revolutionary and then they will understand, that is probably not even about that , but about today's greedy times, if it were to be taken this way, you have a patent for a bicycle, car, house, engine, television, cutlery, etc. but once upon a time no one ever solved this, this is an invention of the last few decades.
Patents are an invention of the last decades :D that's stupid :D