Samsung Defends against Apple’s Accusations of Patent Infringement

This Monday, Apple and Samsung squared off in the third week of evidence presentation in the downtown San Jose courthouse. Apple finished presenting witnesses on Friday, so Samsung continued by bringing Google and Samsung employees to the stand to talk about Android.

Dianne Hackborn, a Google software engineer hired to work on Android, didn’t think that Samsung changed the applications Google wrote for Android and gave to Samsung. Under cross-examination. “This is very core to Android. You can’t just change how these things work,” Hackborn told Samsung attorneys. Under cross-examination, she admitted that she did not know if Samsung had modified the browser. Apple is focusing on the actual infringement of the patents while Samsung is painting a broader picture of the smartphone market.

Samsung even brought in higher level executives to show the jury that they are taking the allegations of patent infringement seriously. Former CEO of Samsung Telecommunications America Dale Sohn, now working in South Korea, testified about how Samsung viewed Motorola as a threat in the phone market. Sohn did not testify in the 2012 patent trial because Samsung did not allow him to be deposed, but Sohn clarified that he was more comfortable with the issues now. Sohn also testified in English instead of Korean unlike Youngmi Kim, a senior Samsung User Interface designer who in court denied allegations that Samsung was copying Apple on the slide to unlock software feature.

The most notable part of Samsung’s defense was the talk about the marketing of its smartphones. Samsung called its Chief Marketing Officer Todd Pendleton to inform the jury about the Next Big Thing ad campaign Samsung used to generate interest in its products. Pendleton claimed the marketing effort had been successful, showing off the 2013 Super Bowl advertisement and stating that Samsung had the “most viral brand in the world.” The commercials did not cite software features Apple accuses Samsung of infringing because, as Pendleton noted, “They’re just not big purchase drivers.” In cross examination Apple drew attention to Samsung’s efforts to disrupt the launch of the iPhone 5, but Pendleton replied that the disruption was limited to the marketing campaign. He was not concerned with the patent infringement case.

Samsung finished evidence presentation early today as it had prepared seven of its witnesses today, but Apple cross examinations were relatively short. Court resumes Samsung’s evidence presentation Tuesday morning.


About Simon Linder

I am a registered patent agent in the Silicon Valley area. I specialize in local intellectual property issues and talk about them on my blog.
This entry was posted in Apple v. Samsung, Patents and tagged , , , . Bookmark the permalink.

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