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Samsung’s Creative Director Not Allowed To Testify

Samsung Electronics won’t be able to use the testimony of one of its key designers against Apple, and rightly so. This was because of a document that was both filed and signed by Judge Lucy Koh just the other day. By no means am I taking sides with Apple, but Samsung was trying to use a designer to testify on phones that she had no relation to in terms of design. The phones that are being sued against are not the ones that designer, Hyong Shin Park had designed.

Hyong Shin Park is the lead designer for Samsung Electronics’ F700 phone. She is going to be barred from testifying, as the court had sided with Apple’s request to keep her from the courtroom. Hyong Park had said that Samsung’s phones were basically inspired by a “bowl of water” and not the iPhone. Apple had argued that her project, the F700, isn’t in the list of phones they were accusing of patent violation, and that her testimony isn’t relevant to the case at hand. At least it isn’t just yet.

Park was supposed to be apart of Samsung’s case while it takes its turn in this ongoing trial or more commonly put, “insanity.” The case is actually starting up again today, with the trial’s outcome potentially shifting the bargaining posture for both parties. Hopefully both sides will get a bit closer to finding the resolution of this madness. If not, it’s almost likely that Judge Lucy Koh will favor on Apple’s side if the track record of this case says anything.

Samsung had said in a document that was filed on Friday that Hyong Park’s design patents actually date back to December of 2006, a bit before Apple released the iPhone to the public. Park was expected to detail the evolution of the F700, including on how the company went about choosing which features to include in the phone. Samsung had argued that the choice of shapes such as the rounded corners or rectangular shape of the F700 had absolutely nothing to do with the design and everything to do with the functionality and performance of the device.

Apple, of course, decided to argue that her testimony was not relevant because she (as said above) didn’t design any of the products it says copied both the iPhone’s look and feel. Apple had also noted that Park herself was not away of any of the Samsung phones being based on the F700. This whole ordeal has seriously gotten out of hand. If Apple is suing over rounded corners they need to just sue the whole phone industry because almost everyone uses rounded corners on their devices. Even the flip phones should be sued if they’re going to play that way.

I’m glad that the Judge wants to end this soon. Lets just hope that it ends up in Samsung’s favor because Apple is being absolutely ridiculous with all of this. I find it messed up how all of Samsung’s evidence is not “relevant” and that the Judge agrees with Apple and thus signs off on it.

Who do you think the judge will favor in the ending of this madness?

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