iPhone and Droid Charge

The latest Apple v. Samsung case is winding down (hooray!) and the jury was given a huge list of instructions in court today to prepare them for their deliberation. Barring any last-minute changes, the jury should cloister tomorrow and start their decision making, wrapping up this particular battle in the patent holy-war. We have no idea how things will work out, and it's very likely that neither side will get what they wanted, but we can be sure that the cost of it all will be paid by us consumers in the long run. We're just glad that this means we'll get a break from ZOMG PATENTS!! being plastered all over the Internet for a little bit. 

I read through the written document of jury instructions (all 109 grueling pages of it) and it's all pretty standard. One thing did catch my eye that's worth sharing -- jurors have received an unspecified number of unspecified devices to use in their deliberations. We're not sure exactly what devices or how many, but the screenshots that remind jurors not to accept any software updates on the Android devices are of a Samsung Droid Charge. We can be sure the iOS phones will have a 3.5-inch screen, a huge bezel, and a round button, though. I'll let you pore over the instructions yourself, here's a pdf file of them. Keep caffeine handy.

I am glad that jurors have a chance to actually hold the devices in their hands when trying to decide if one looks like the other. Too often court documents are fabricated with the app drawer open on Samsung devices to make them look more like an iOS device, so jurors need a chance to see just how the appear to the user -- not the lawyer. 

This round is winding down, and all that's left is the verdict, and the weeks worth of online analysis about how it was wrong, how the jury should have seen things, and how one side sucks more than the other. Oh, and the inevitable appeals. 

Then we can brace ourselves for the next round.

 
There are 30 comments

Mikey47 says:

Would be interesting to know the breakdown of jurors by what, if any, smartphone they use.

HeCareth says:

Yeah I was reading the live blog of their closings on theverge. Samsung's Lawyer Charles V...dude is a beast.

jcastag says:

wait, now that I take a closer look and see the handsets from the 2 manufacturers side by side, I can now agree with Apple. Wow, Samsung has basically copied the iPhone exactly and put their name/logo on it.

LOL

DizWhiz says:

The only one that comes close is the Galaxy SII. That being said despite the similarities no one would confuse it with an iPhone.

The box, the boot screen, your written contract and your online account (which lists your devices on your carrier of choice) all show the make/model.

dmm5157 says:

And really it's only the international GS2 that has the button. The US version doesn't. Didn't I read that the International GS2 get removed from this trial?

PJMAN2952 says:

Yes it did. It was because of Apple. For some reason the Galaxy SIII still has a home button for the US version. It's strange.

mwara244 says:

So how do they get a jury of your peers in a corporate case? If half these people use apple products and half use android? Are they flip phone or no cell phone users? Just makes you wonder how they can give a fair judgement between the products. Because a lot of non tech savvy people think all these phones look a like and are just as confusing, except the iphone which is made that chimps can figure it out. Any android enthusiast knows that android has way more options and customization than apple os. When it comes down to it you'd think that the software would be the deciding factor.

swyost says:

If you bothered to even look at the instructions, you would see no mention is made of Droid Charge phone. That is simply a mockup. Apple made its case on the Galaxy and Galaxy tab series, and the fact there was that awkward 132 page Samsung comparison document that certainly seemed to embrace copying iPhone features. I will never buy an Apple product but I am at least willing to be open-minded about the relative merit of the charges. They also need to make the cases where they can since Google (the other target) hides behind the hardware manufacturers and open source BS that is just about as sincere as any other predatory company's PR....

The Droid Charge is mentioned in the jury instructions. It has the distinction of being the only device mentioned by name (page 27) which is why I used it here.

 

Lazaretto says:

I wonder what version they have the Droid Charge on 2.2 or 2.3? And what iPhone has a 3.8" screen?

Insp_Gadget says:

I think Jerry meant a 3.5" screen.

The jury probably consists of mostly stupid sheep, so my guess is most of them use iPhones and don't even know what Android is, or how to use a phone with it on it.

Insp_Gadget says:

I'm quite sure the jury was vetted by both sides, so there are likely both iPhone and Android users in the jury. As for how tech-savvy they are, well that anyone's guess.

DizWhiz says:

I can't believe that Samsung and Apple left BILLIONS of alleged damages up to 9 random people who may, at best, have a cursory knowledge on the subject matter.

From looking at the jury instructions, and how many devices have to be accounted for, we won't hear back from the jury for a week. Also I highly doubt there will be a unanimous decision with so many wildly different claims.

swyost says:

It is called the jury system and it has worked pretty well over the past couple centuries. BTW, the alternative is a judge making a summary judgment which is something neither side would want.

swyost says:

Wow - don't we have a bit of a superiority complex. So jurors are stupid sheep? So far the only stupidity uttered is from the person who made that remark.

cashxx says:

Thats an interesting choice of graphics used for the samsung phone!

Official press graphics from Apple (iPhone 4S) and Samsung. 

chubb says:

Come on Jerry, you should know better than to feed trolls!

cashxx says:

These are a bit more accurate before and after photos:
http://www.appleinsider.com/articles/12/08/21/apple_samsung_present_clos...

rich250 says:

Come on apple android is kicking your ass quit crying like a bunch of little beoches and get over it

Mikey47 says:

Can someone help me? I can't tell which phone is the real iPhone and which is the copycat.

PJMAN2952 says:

^ This guy knows how to troll :D

piizzadude says:

Yeah, NOW they remember the Charge exists

Well if they don't want the jurors to accept any software updates thtn it likely has its launch day.software android 2.2

toddjy says:

Come on, Jerry. Put the phone that started the battle up there. While Samsung may not have copied iPhone, they were certainly inspired when they designed some of their top devices. But only the lamest people are going to mistake a Samsung for the iPhone, and most customers who want it will state that they're looking for the iPhone. If a shyster salesman tells the customer a Samsung phone is the iPhone, that's not Samsung's fault.

Gator352 says:

The iphone might as well be a Samsung phone. Most of the parts inside apple products are made by.....Samsung! :)

Gator352 says:

After looking at the pics used by apple in thier claim, yeah they look "similar" but that's where it ends. Some of LG's phones look "similar" to Samsung's. Huwaei looks "similar" to iphone and Samsung and the listgoes on and on. So yeah, you can see the design similarities between them but in no way are they the same. You CAN'T mistake them. And if you do, you need to buy a jitterbug with the large buttons.

To put this in perspective:

Most auto makers make trucks. They all look "similar" because well, it's a truck. There are similarities between all of them but there are differences that make them stand out in the crowd such as the front grill. There's no mistaking a Ford for a chevy and vice-versa. And like I said, if you mistake them, you need to buy a jitterbug.

If you all remember, apple are the a-holes that sued NYC for using an apple as thier trademark....hence The Big Apple. The logo looked "similar" but there was no mistaking the two. I'm surprised though that apple hasn't sued God for the actual making of the apple and that you have to eat it in such a way that it looks almost exactly like thier logo with a chunk taken' out.......

blackbyrd says:

Awesome comment.

samagon says:

I'm glad they are letting them play with devices, since this is about user experience, as much as anything else, it's important that the people who will ultimately decide whether the UX is the same or not get to experience the UX firsthand...