SAN JOSE, Calif.--Apple Inc. (AAPL) called a set of final witnesses in its patent case against Samsung Electronics Co. (005930.SE, SSNHY), seeking to show that consumers confused the Korean company's products with Apple's.
The action Friday began with Samsung's lawyers finishing up their cross-examination of Hal Poret. The Apple witness conducted a survey for the Silicon Valley company that showed many consumers could identify iPhone and iPad, even when the icons and home button aren't visible. The reason they could identify them, he noted, was the "trade dress"--the general look of the devices, which Apple accuses Samsung of copying.
He said that a high percentage of consumers confused a Samsung phone and tablet for Apple's corresponding devices.
Samsung's lawyers pressed Mr. Poret, attempting to show that consumers' ability to identify the iPhone and iPad had only developed recently and that Samsung's devices had not confused consumers.
Apple followed up by calling Kent Van Liere, a market research expert, to discuss surveys he conducted. He said one Web survey showed that consumers were likely to be confused if they looked at the device while someone else was using it, an experience experts call a "post-sales environment."
Mr. Van Liere said another survey involved showing consumers in malls branded and unbranded Samsung devices, and asking them whether they looked like other products. He also performed other surveys in which consumers were shown videos of Samsung devices from side and front views.
Samsung's lawyers pushed Mr. Van Liere as well, asking why he didn't show all sides of the tablet and why he only showed videos instead of handing respondents the physical devices. He responded that his survey was designed to show how consumers respond to the devices when they watch other people using them.
The testimony topped off a week of technical and detail-oriented witnesses from Apple's side, each of which went through lengthy cross-examinations from Samsung's lawyers.
The stakes are high. Apple is accusing Samsung of copying its products, and says that the Korean tech giant owed it at least $2.5 billion from its actions. Apple sued Samsung last year and the two companies have since crossed horns in courtrooms across the globe.
To solidify its point, Apple called Ravin Balakrishnan, a computer scientist and professor, to the stand to discuss Apple's "bounce-back" patent, which covers when a contact list, photo or Web page bounces back into position after being dragged past their edge on the screen.
Mr. Balakrishnan said numerous Samsung phones violated Apple's patent, and played videos in court that he had made to prove his argument. He also discussed internal Samsung documents in which the company's engineers noted the differences between Apple's iPhone and the company's competing device. In the documents, they noted the Web browser's bounce-back function.
The "iPhone generates fun for the user with a visual element that seems to bounce," Samsung's internal document said. The Samsung phone, by comparison, did not do that.
"Even when Web page is dragged to its end, only information is provided without any effect," the document said.
Samsung responded, showing videos it had made that displayed some phones apparently not violating the patent. Mr. Balakrishnan said he could not confirm whether or not the devices on display in the videos infringed the patents until he examined them himself. The ones he had examined, which included Samsung's "Epic 4G," "Fascinate," and "Galaxy Tab 10.1," had violated Apple's patents.
"Samsung studied this problem and recognized the limitations of its current design," he said. With later phones, he said, "That exact same functionality has been implemented."
Apple said it expects to exhaust its witness list by the end of Friday, or Monday.
-Write to Ian Sherr at ian.sherr@dowjones.com
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