Yesterday Peter Bressler took the stand in the trial between Samsung and Apple, to submit his opinion on whether Apple’s patented designs were infringed upon.
His opinion carries a lot of weight when you consider that he is the former president of the Industrial Designers Society and the founder and board chair of product design firm Bresslergroup (not to mention that he is the inventor or co-inventor on about 70 patents).
In his testimony, Bressler stated that:
“My opinion (is) that there are a number of Samsung phones and two Samsung tablets that are substantially the same as the design in those (Apple) patents.”
Bressler then proceeded to state that he feels consumers could confuse one of Samsung’s first and second generation Galaxy S devices with Apple’s. This revelation isn’t much of a shock when you consider that last fall, Samsung’s own lawyer couldn’t distinguish between the devices!
Samsung’s defense of Bressler’s testimony including asking the witness how he could possibly know how consumers shopped and made him admit that he had never actually seen somebody mistakenly purchase the wrong device.
Of course, this all seems rather entertaining when earlier in the day Justin Denison took the stand as Samsung’s top strategy officer (who couldn’t possibly have a bias, just as the company tried to alledge against Bressler’s being hired by Apple). Denison noted that he found these claims all very offensive and that Samsung is “very very proud of the products [they] produce, of all the hard work that goes into bringing those products to market.”
The problem is that Samsung’s objective seems to be sneaking in evidence that the judge felt should be omitted and discrediting expert testimony instead of actually showing a shred of evidence supporting their claim that their products are competitive and innovative. On that basis, if they win in this trial it will be on a technicality and not with heads held high.