By : Slinder
Source : http://www.sv411.com
Category : Patent Infringement
In cross examination on Monday of Apple’s expert witness and industrial designer Peter Bressler, Samsung attorney Charles Verhoeven came down hard on Bressler’s expert report, methodology and experience.
Samsung, over the course of two hours, demonstrated that Bressler’s testimony was inconsistent with earlier depositions and did not describe functional standards that infringed on Apple’s design patents and trade dress claims.
The morning began with Samsung counsel John Quinn continuing his questions of Samsung corporate representative Justin Denison, who first took the stand for witness testimony on Friday. Denison explained that the “crisis in design” appearing in Samsung internal documents concerning competition with the iPhone was hyperbole a Samsung manager would say to motivate his employees.
“What we would like to do is simply compete in the market,” Denison said.
Bressler was called to the stand to explain why he thought several Samsung smartphones and tablets produced an overall impression that was outlined in Apple’s design patents. Bressler was animated as he explained how the Samsung Galaxy S and other Samsung smartphones violated Apple’s D’305, D’677 ,and D’087 patents. Additionally Bressler demonstrated how Samsung’s Galaxy Tab tablet, currently banned from sale due to an injunction, violates Apple’s D’889 patent.
Bressler’s testimony ended with an explanation of how competing products like the Nokia Lumia 800 smartphone and Sony Tablet S accomplished the same functions without infringing on Apple’s design patents.
Samsung’s lawyer mercilessly grilled Bressler about the specifics of the Samsung designs alleged to be infringing on Apple products. Bressler testified that he believed the iPhone has “a fairly pure design” and was asked to compare specific Samsung product features to features listed in the design patents.
Bressler admitted that he was interpreting functions based on the design patent, not the actual functionality of the phone as Samsung argued he was asked to do in his deposition. When Samsung pressed on Bressler’s expert opinion, Bressler replied, “I believe we’re talking about a different function.” Samsung also pointed out that Bressler was paid $400 per hour for his testimony and had advertised his expert witness services on his web site.
After dismissing the jury, Judge Koh spent an hour with Apple and Samsung as they argued over admissibility of evidence in examining Apple’s next witness, former Apple employee and graphic designer Susan Kare. The trial is set to resume Tuesday morning.
Source : http://www.sv411.com/index.php/2012/08/samsung-presses-hard-apple-expert-patent-infringement-trial/
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