U.S. District Judge Lucy H. Koh today decided to stop a group lawsuit against Apple over undelivered text messages caused by an iMessage bug, Bloomberg reports. The issue drew a lot of attention last year when the bug with Apple’s messaging system caused former iPhone users that switched to Android to discover text messages were not being properly delivered to their phone number. In dismissing the lawsuit, Judge Koh explained that while Apple’s iMessage system may have resulted in lost text messages, their was inadequate evidence that the group faced a “contractual breach or interference” from iMessage… Expand Expanding Close
As the latest patent dispute between Apple and Samsung kicked off in court today, the search for unbiased jury members to serve with Judge Koh began today resulting in a standing room-only environment in the court room with over 100 potential jurors summoned. Expand Expanding Close
[youtube=http://www.youtube.com/watch?v=jdbvAdINPPA] We have brought you updates on the Apple vs. Samsung trial all week with yesterday’s highlight being a testimony from Apple’s expert design witness, former President of the Industrial Designers Society of America Peter Bressler. Last week, we told you Apple Senior Vice President of iOS Software Scott Forstall testified in the case, but Network World discovered some interesting bits today from Forstall’s deposition from a few months ago. While noting the three key multi-touch patents involved in the case (381′ related to “rubber banding,” ‘915 related to determining one-finger scroll vs. multi-touch gestures, and ‘163 related to double tap to zoom), Network World posted excerpts from Forstall’s highly redacted deposition. The SVP appears to have claimed the now-late CEO Steve Jobs once told Samsung not to copy or steal the inertial scrolling, rubber band invention:
Returning to the Forstall’s deposition, Apple’s iOS guru is asked about discussions Steve Jobs seemingly had with Samsung over the rubber banding patent…Forstall responded:
I don’t remember specifics. I think it was just one of the things that Steve said, here’s something we invented. Don’t – don’t copy it. Don’t steal it….Rubber banding is one of the sort of key things for the fluidity of the iPhone and – and all of iOS, and so I know it was one of the ones that Steve really cared about… I actually think that Android had not done rubber banding at some point and it was actually added later. So they actually went form sort of, you know, not yet copying and infringing to – to choosing to copy, which is sad and distasteful…
Regarding whether the feature was discussed in subsequent meetings with Samsung:
But I can’t give you a specific recollection of – of Steve, you know, going over rubber banding with – with them in those meetings or not… I expect it came up, because it’s one of the key things we talked – you know, he and I talked about, but I don’t know if it came up there.
It is unclear which meetings Forstall is referring to due to the large amount of redactions in the documents, but Network World noted that court documents revealed previously that Apple offered to license Samsung patent ‘381 in November 2010. Forstall also described meetings Jobs had with Samsung when questioned about iOS icon designs:
We brought you an update on the third day of the Apple vs. Samsung trial earlier today, with Happy Mac logo creator Susan Kare and former President of the Industrial Designers Society of America Peter Bressler set to take the stand as Apple presented evidence that Samsung copied its trademarked iOS icons. During his testimony today, Bressler claimed there are “a number of Samsung phones and two Samsung tablets that are substantially the same” as Apple devices, just as Samsung’s chief strategy officer, Justin Denison, testified its devices are “distinctly different.”
Bressler suggested that consumers could confuse one of Samsung’s devices with Apple’s…To back that point up, Bressler, the inventor or co-inventor on about 70 patents, went through how nearly a dozen Samsung devices were similar to Apple’s. That includes Samsung’s first– and second-generation Galaxy S devices, as well as the company’s Galaxy tablets.
Bressler also attempted to gut Samsung’s prior art defense, which cites a Japanese design patent issued to rival electronics firm Sharp in 2005. That device, which Samsung suggests looks like the iPhone, is unlike the ones depicted in Apple’s patents since it has a curved, non-flat front, Bressler argued.
While testifying earlier today that Samsung’s Galaxy devices look “distinctly different” at the request of carriers, Denison was questioned by Apple’s lawyers over an internal Samsung document referencing the iPhone’s user-experience as the new standard. According to CNET: Expand Expanding Close
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