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Apple v. Samsung: Expert Peter Bressler’s Testimony

August 9, 2012

Experts were called to begin testimony for the continuing design and technology patent infringement trial between Apple and Samsung. Apple hired expert witness Peter Bressler as its heavy hitter, paying a reported $75,000 to date. Bressler is an expert in user research, human factors application, manufacturing processes and innovative criteria conflict resolution. The topic of his latest testimony focused largely on consumer reports showing that consumers get confused by the design similarities and buy the Samsung Galaxy Tab 10.1 only to realize later that it wasn’t the iPad2 they sought.

The expert was disarmed during cross-examination as Samsung attorney Charles K. Verhoeven showed a portion of Bressler’s April 2012 deposition testimony.

The designer was asked if he believed that consumers purchasing products get confused between Apple and Samsung products.

“I do not know if they get confused,” Bressler said, testifying as an expert witness in the second week of the trial.

Bressler may seem trustworthy to the jury due to his knowledge of the patent system, as he boasts 70 design and utility patents of his own. He prepared by studying several versions of the iPhone and compared his findings of the iPhone with the Samsung Galaxy.

The phones “embody the design of the patent,” he said in response to questions from Apple’s lawyer, Rachel Krevans.

Bressler said he performed an infringement analysis of the Galaxy S 4G phone and found that its “flat, uninterrupted surface” and “rectangular proportions” infringe Apple’s patents.

When pressed about the iPhone’s similarities with other phones such as LG Electronics Inc. (066570)’s Prada, with similar rectangular shape and rounded corners, Bressler focused on the importance of the “bezel” (silver metal outline) that set the iPhone apart.

“The absence of a bezel, that’s important, right?” Verhoeven asked. “It takes you out of ‘substantial similarity,’” Verhoeven asked. He asked whether an “ordinary observer” evaluating patents is supposed to take into account prior inventions and “focus on differences, right.”

Such an analysis requires one to look at “all views of the patent,” Bressler said. “You can’t get that understanding from a single view,” he said.

We’ll continue to follow this case closely to hear what the Samsung expert witnesses will counter with!

If you have experience working with expert witness Peter Bressler, write a review about your experiences on Courtroom Insight!

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