Apple Inc. v. Samsung Electronics Co. Ltd. et al

Filing 1350

UNREDACTED NOTICE OF MOTIONS AND MOTIONS in Limine by Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company) re 1256 Order on Administrative Motion to File Under Seal, (Attachments: # 1 Exhibit C to the D'Amato Declaration, # 2 Exhibit E to the D'Amato Declaration, # 3 Exhibit G to the D'Amato Declaration, # 4 Exhibit H to the D'Amato Declaration, # 5 Exhibit J to the D'Amato Declaration, # 6 Exhibit K to the D'Amato Declaration, # 7 Exhibit L to the D'Amato Declaration, # 8 Exhibit M to the D'Amato Declaration, # 9 Exhibit N to the D'Amato Declaration, # 10 Exhibit T to the D'Amato Declaration, # 11 Exhibit V to the D'Amato Declaration, # 12 Exhibit W to the D'Amato Declaration)(Maroulis, Victoria) (Filed on 7/26/2012) Modified text on 7/27/2012 (dhm, COURT STAFF).

Thank you.

That is all.

Whether P1 supports the function to view/edit a web account (Google account) for the device selected by the user
through Kies using the Kies Phonebook function

Ŷ Subject of Inquiry:

I am emailing you because I have a question regarding a usability issue discovered in the contacts application below,
so please let me know the progress status if you can.

As you are surely already aware, UX Innovation TF conducted a usability evaluation for the P1 Project.

Hello Lead, this is Lead Yu Shin Kim.

To: Lead Dae Woon Myeong [GA Group]

Translation

Sender: Jiyeon Yoo <[e-mail]> E4 (Senior)/Senior/Advanced UX Development Lab.(Mobile)/Samsung Electronics
Date: 2010-07-19 [14:39 (GMT+09:00)
Title: Fwd: [UX Innovation, SW Verification, MSC, R&D Opinion Request] Reporting P1 Project Issues Instructed by Senior Vice President Younghwan Kim to Review

Please take this under advisement.

As for the Kies-Outlook sync function, for now sync between local phonebooks will be supported.
The number of various web accounts supported by devices is growing continuously
Æ Function to view/edit a web account for the device selected by the user through Kies using the Kies phonebook
function will be supported
Æ However, Outlook sync function is not supported for Web accounts.

Regarding synchronization between Kies and multi-account supporting devices, it is currently settled, after much
contemplation on our part, and we are planning to confirm the usability for the method we decided on at overseas
labs with locals after a meeting between R&D Team officers on 7/17.

Hello, this is Principal Hongseok Moon from Mobile Service Development Group.

To : All recipients
From : Principal Hongseok Moon

Sender: Hongseok Moon <[e-mail]> E6 (Principal)/Principal/Mobile Service Development Group (Mobile)/Samsung Electronics
Date: 2010-07-19 [17:45 (GMT+09:00)
Title: Re: Fwd: [UX Innovation, SW Verification, MSC, R&D Opinion Request] Reporting P1 Project Issues Instructed by Senior Vice President Younghwan Kim to Review

Translation

(Instead, offer a function to import contacts from the SIM to the device; conversely, need to offer the function through a separate
option if contact information is to be saved on SIM)

1) Delete the function to save on the SIM when you create contact

Ŷ Proposal Details

1) Every time you create contact, it asks whether it should be saved on the SIM, the phone, or in Google account if there is a Google
account. The issue is the hassle of being asked every time where to save.

Ŷ Issue Details

All recipients of this email please make sure to respond. (Please respond today if possible.)

There have been instructions to submit feedbacks after review at the working Level for the following matters out of the matters
submitted to Senior Vice President Younghwan Kim for decision making. Hence, we would like to share the information and gather
the feedback from each recipient.

Hello, this is Lead Yu Shin Kim from UX Innovation TF.

To: All Recipients

Sender: Yu Shin Kim <[e-mail]> E5 (Lead)/Lead/Advanced UX Development Lab.(Mobile)/Samsung Electronics
Date: 2010-07-16 [15:20 (GMT+09:00)
Title: [UX Innovation, SW Verification, MSC, R&D Opinion Request] Reporting P1 Project Issues Instructed by Senior Vice President Younghwan Kim to Review

I am adding S1 UI Senior So-yeon Yim to the list of mail recipients.

Translation

2) The issue of synchronization with Kies is probably the most critical variable here. (Principal Hongseok Moon)
We will need to confirm if Kies can be synchronized with the address book in Google accounts on Samsung devices.
Even if we modify it on the device, it would be a huge problem if kies doesn’t support it.
Principal Moon, please review the issue.

1) If you have any concerns after reading the above issue and proposal, please respond immediately.
Senior Vice President Younghwan Kim basically agreed, but he is concerned whether there’s anything we’ve missed.

Ŷ Request Details

Ultimately, opinion is that we should save contacts on the server, rather than on the device, like the i-phone or a Google phone.
(Agreed by Design, Development and Advanced UX)

The i-phone uses Exchange as default if Exchange is set up, and
google phones like nexusone back up to google account when creating contacts once a google account is registered.

2) After a Google account is registered, back up to the Google account instead of the device like the other Google phones when
saving contacts
(Instead, offer a function to import contact information from Google account to device)
When there is no Google account, have contacts saved on the phone, which is how it is now.

Translation

Below is an email from an acquaintance of mine who is a university professor sent after purchasing and using the Galaxy S for 3 days.
This person once worked at Samsung Electronics.
WP Hong forward to other executives with the request: “Please read carefully and let us apply the parts that can be applied to the next MR.

Vice President Jong In Kim, Vice President Hee Deok Kim,

Sender: Won Pyo Hong <[e-mail]> Executive Vice President/Team Leader/Global Product Strategy Team (Mobile)/Samsung Electronics Co.
Date: 2010-07-03 01:28 (GMT+09:00)
Title: Fwd: Galaxy S Review

Let us all reflect on ourselves.

Sender: Chul-hwan Lee <[e-mail]> Research Officer (Executive Vice President)/Head of the Office/Office of Development (Mobile)/Samsung Electronics
Date: 2010-07-03 10:55 (GMT+09:00)
Title: Fwd: Fwd: Galaxy S Review

Below

It talks about how it’s so inconvenient to synchronize with Kies because the phonebook on the device and the address book on Google
account are separated despite being a Google phone (S1). Please refer to the parts in red.

If you read the email below, there is a VOC email Executive Vice President Won Pyo Hong received from an acquaintance of his.

Translation

Translation

4) Software lacks consistency. (This is a chronic Korean problem.)
6

3) There is no “killer –app” to catch up to iPhone. Therefore, it leads me to think only that it copied the iPhone very well.
It would have been nice if there was at least one killer software…
This is an issue that Samsung should have resolved in the early development stage by outsourcing investment. There is no need to bother with general apps since they are
everywhere on the App Store, but you need a legitimate killer software.

2) Developers were boasting that they had a lot of apps pre-loaded for novices, but that’s actually a shortcoming.
There are more than there’s reason for and they lead consumers to mistakenly believe that there is a lot to know about, which makes the manual even more terrible.
After all, smartphones are not products to be used by the elderly, and the customers consist solely of those who already have a general understanding of how to use
smartphones. These people strongly dislike what other people have pre-loaded onto their devices.
When you buy a Samsung PC, there are so many cheap programs already installed on it, and a lot of people start their first day getting rid of those programs.
The biggest mistake an engineer can make is trying to brag about offering so many functions by laying them all out in front of the consumers.
It wasn’t because Apple was dumb why they didn’t do it that way.
Anyhow, I spent 3 days organizing all those apps and personally downloaded and installed all the apps I really needed.
However, the phone is set up so that a lot of the pre-loaded apps cannot be deleted by the consumer. That is unsatisfactory.

1) The manual is terrible. It just doesn’t seem like a manual made for regular users. It seems as if it was made just for people who already knew how to use the phone. It just
lists a lot of things, but the sentences are poorly written and there is no substance. Also, there is no consistency between the well-made packaging box and the design.

I finally purchased the galaxy S.
I purchased it because I personally have an aversion towards the iPhone for some reason (I don’t deny the fact that it’s a very well-made product, though), and because I have
faith in Samsung and there are advantages regarding AS.
I couldn’t do anything but play with the phone for 3 days straight.
In short, it is well-made. It’s a solid product. In particular, the packaging box was made very elegantly.
However, I do have to point out a few things.

Dear Executive Vice President Won Pyo Hong,

Sender: Min H. Cho Min Hyung Cho <[e-mail]>
Date: 2010-07-02 21:30 (GMT+09:00)
Title: Galaxy S Review

I feel like the COO would point out those same things, I really want you to review seriously.
Also, we should fundamentally improve on issues such as creating user manuals.

7

Conclusion)
Generally the hardware appears excellent.
However, consumers encounter the software that runs atop the hardware, not the hardware.
Overall, it is unable to surpass the iPhone. I get the strong feeling the UI and the Look and feel of the design were led by engineers. This in turn means the best that can be done is
imitating of the iPhone…
Also, a program as important as KIES was made with too much approximation.
I’ll continue using it and say more if necessary.
IF you remain content because it was a huge success in Korea then you will always be No.2. Shouldn’t you make it so iPhone copies Samsung?
Shouldn’t we make it so that Apple follows what Samsung does?

6) This is the most critical part.
Samsung’s own KIES program that manages the Galaxy from a PC is very poor, and the instructions and the language are very difficult.
There seems to be some bugs as well, and it also has poor stability. It takes a long time to install and runs slowly.
In particular, there is a problem with the phonebook program.
Android phones always claim that they synchronize well with Google. Galaxy S cannot be an exception.
In fact, synchronization of phonebook, daily schedule, email, etc. is excellent.
However, within the Galaxy S, phonebook is divided by accounts and managed separately.
I don’t get this, but it is divided into Google account address book and the phonebook on the device, even though the number and email addresses would not be different if it is the
same person…
Addresses that came from Google are entered into Google account address book, and cell phone numbers are entered into the phone account.
Because of this, the phonebook on the device do not get synchronized with Google and phone numbers in the device do not carry over to Gmail.
Also, it’s set up so that you can’t even see the Google account address book from KIES program. (This is the part I find the hardest to understand.)
Therefore, you can’t even synchronize with Outlook.
Consumers are forced to manage contact information this way even though they don’t understand this at all.
Therefore, the consumer has to manage contact information in two sets, Google separately and MS-Outlook separately. You have to enter the same phone number twice in the device.
This is nonsense. Much can be learned from the iTune [sic] program.

5) Also, USB connection mode was divided into two different modes, KIES mode and Removable Disk mode, for the user to choose.
The user has to choose every time he/she connects to a PC, but a regular user cannot understand this.
There are so many steps to take just to connect to a PC via USB.
Also, a message that USB debugging is ongoing pops up out of nowhere.
Not only the experts connect their smartphones to their PC to use.
However, everything is made so complicated and an engineering language such as “debugging” appears freely.
An engineer probably made the screen message impromptu without putting any thought into it as he was coding.
Messages to users should never be drafted by engineers.
If you go to settings, “Accessibility” was translated literally as “jeop geun seong (accessibility),” hahaha… (Isn’t this the case in Windows also?)

For example, the method to edit the icons on the home screen and the method to edit icons on the main menu are different.
They were probably made by two different engineers.
I always emphasize this, that an engineer should not design the UI and the look and feel. Engineers should just do the coding.

Translation

Apple is famous for not conducting market research. Steve Jobs said:
“Did Alexander Graham Bell do any market research before he invented the telephone? I just want innovation.”

In order to do so, even very minute details (0.1%) must be improved.
It has to be made so that consumers wonder how attention was paid to such little things, and that’s what Apple excels in.

Translation