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

Filing 1362

Unredacted Exhibits to Musika Declaration in Support of Apple's Opposition to Samsung's Daubert Motion re 1256 Order on Administrative Motion to File Under Seal, (Dkt. No. 991) by Apple Inc.. (Attachments: # 1 Exhibit D, # 2 Exhibit E, # 3 Exhibit F, # 4 Exhibit G, # 5 Exhibit H, # 6 Exhibit I, # 7 Exhibit J, # 8 Exhibit L, # 9 Exhibit M, # 10 Exhibit N, # 11 Exhibit O, # 12 Exhibit P, # 13 Exhibit Q, # 14 Exhibit R, # 15 Exhibit V, # 16 Exhibit W, # 17 Exhibit X)(Jacobs, Michael) (Filed on 7/26/2012) Modified text on 7/27/2012 (dhm, COURT STAFF).

Exhibit L
(Submitted Under Seal)

EXHIBIT 24-S

Apple Inc. v Samsung Electronics Co., LTD., et al.

Demand for Design Patents and Trade Dress
#

Document Description

Bates Number

Party

N/A, page in document: 100-101

Apple

1

Deposition of Eric Jue, Product Line
Manager for iPod at Apple, 2/24/12

2

Deposition of Stanley Ng, Senior Director
of iPhone Product Marketing, Worldwide
Product Marketing Group at Apple,
2/21/12

N/A, page in document: 55

Apple

3

Deposition of Philip Schiller, VP of
Product Marketing at Apple, 2/17/12

N/A, page in document: 185

Apple

4

Deposition of Michael Tchao, VP of
Product Marketing for iPad at Apple,
2/21/12

N/A, page in document: 63

Apple

5

Deposition of Michael Tchao, VP of
Product Marketing for iPad at Apple,
2/21/12

6

Various iPhone Buyer Surveys, by Apple
Market Research & Analysis

7

iPhone Owner Study, by Apple Market
Research & Analysis, May 2011

8

Smartphone Market Study, Apple Market
Research & Analysis, January 2011

9

10

11

12

13

14

iPhone Early Buyer Wave 1 Final Report,
Apple Market Research & Analysis, July
2007
iPhone 4S Early Buyer Survey, Apple
Market Research & Analysis, November
2011
Exhibit 7 to Declaration of Sissie Twiggs,
Director of Worldwide Advertising at
Apple, 7/1/11
Exhibit 20 to Declaration of Sissie Twiggs,
Director of Worldwide Advertising at
Apple, 7/1/11
Exhibit 37 to Deposition of Sissie Twiggs,
Director of Worldwide Advertising at
Apple, 7/27/11
Exhibit 40 to Deposition of Sissie Twiggs,
Director of Worldwide Advertising at
Apple, 7/27/11

Comment
"the look and the feel of iPhone, both physical, you know, dimensions and
materials, and also the look and feel of the user interface, the icons that you
see, are all part of what people associate with Apple and iPhone."

"Q When you say "design and aesthetics," what do you mean by that?
A I think customers love the look of the product. They love how beautiful
the product appears.
Q Any particular aspect of the look of the product that you think customers
like in particular?
A Not specifically. I think they love the overall look and beauty of the
products that we [Apple] create."
"I think it is very possible that consumers who have never owned any Apple
product whatsoever still might recognize this icon [phone call] as associated
with Apple and even the iPhone, given how distinctive it is and how much
marketing there has been…"
"Q. Do you recall any feedback specifically as to the shape of the original
iPad?
A. I believe there was feedback on specifically comfortable to hold, which
would, in my mind, include -- incorporate shape.
Q. How so?
A. That the contours of the device and the way the housing and screen
came together made it easy to hold on to."

Smartphone

Tablets

x

x

x

x

x

Q. What about the physical design of the product makes it [the iPad]
comfortable to hold?
A. The shape of the back housing, the area of the -- around the screen, the
bezel around the screen, the weight of the product and the distribution of
that weight, the balance of the product.

x

N/A, page in document: 67

Apple

1/

Apple

Between Q4 2010 and Q4 2011, 44-50% of those surveyed noted attractive
appearance and design as a very important attribute in the iPhone purchase
decision.

x

APLNDC-Y0000025024 - 5147, at
5060 and '5064

Apple

"Strong trust in Apple and appeal of design swayed many who considered
Android to purchase iPhone." 32% of those surveyed in the U.S. liked the
physical appearance and design as a reason that swayed them to purchase
iPhone over Android.
46% of those surveyed in the U.S. also listed physical appearance and
design as a very important feature in deciding to buy the iPhone.

x

APLNDC0001434059 - 4154, at
'4144

Apple

The 7th top reason for buying an iPhone is for better appearance/design
(37%); better appearance/design is listed 10th top reason for buying an
Android-based smartphone (27%).

x

APLNDC-Y0000029092 - 9135, at
'9125

Apple

The 4th top feature leading to an iPhone purchase is appearance and design
(78%).

x

APLNDC-Y0000026096 - 6137, at
'6116

Apple

64% of iPhone 4S buyers are very satisfied with the physical appearance and
design, and 25% are somewhat satisfied.

x

N/A, time in video: 00:00

Apple

Back of phone is shown with logo.

x

N/A, time in video: 0:01

Apple

iPad 2 frontal design shown.

x

N/A, page in document: 116

Apple

Advertisement on the design of the iPad 2. "Thinner. Lighter. Faster."

x

N/A

Apple

Advertisement showing two fingers picking up the iPad 2.

x

Samsung

In a graph titled "Main reasons why customers purchased current
[Samsung] smartphone (%)", "Exterior Design" was chosen by 28.6%-40.8%
of the customers depending on age group. Above the graph is the
statement "Key Analysis: Need to recognize the importance of exterior
design and screen size, as they are customer purchase decision factors."

X

SAMNDCA10257322

Samsung

In a slide titled Proposed Exterior Design Improvement Factors," there is the
statement "Need to Improve by Adding Glossiness: iPhone's strengthened
glass (front/back) has a glossy feel, which looks classy."

X

Exhibit E to Declaration of Minn Chung,
Attorney at Morrison & Foerster LLP,
counsel of record for Apple, 2/8/12

SAMNDCA00202379

Samsung

In the chart, "Comparison between Samsung Mobile Phone and iPhone,"
"iPhone is on average 5.9 points higher compared to Samsung mobile
phone."

X

18

Exhibit F to Declaration of Minn Chung,
Attorney at Morrison & Foerster LLP,
counsel of record for Apple, 2/8/12

SAMNDCA00229020

Samsung

"Although released nearly a year ago, the Apple iPhone has maintained its
position as the most inspired mobile handset on the market…. The iPhone is
a delight to the eye as well as a highly usable device."

X

19

Exhibit G to Declaration of Minn Chung,
Attorney at Morrison & Foerster LLP,
counsel of record for Apple, 2/8/12

SAMNDCA10247537

Samsung

T-Mobile's comments to Samsung about their phones include:
"Please explore other design alternatives here, including lighter
backgrounds and colors throughout. For example, the iPhone has been
successful at achieving a light and airy aesthetic…"

X

20

Exhibit G to Declaration of Minn Chung,
Attorney at Morrison & Foerster LLP,
counsel of record for Apple, 2/8/12

SAMNDCA10247538

Samsung

T-Mobile's comments to Samsung about their phones also include:
"iPhone maintains a lively, vivid experience largely due to the 'pop' of their
icons. We should be able to create similar magic here."

X

21

Exhibit H to Declaration of Minn Chung,
Attorney at Morrison & Foerster LLP,
counsel of record for Apple, 2/8/12

SAMNDCA10247377

Samsung

Samsung's Head of Mobile Division stated, "When our UX is compared to
the unexpected competitor Apple's iPhone, the difference is truly that of
Heaven and Earth. It's a crisis of design."

X

15

Exhibit D to Declaration of Minn Chung,
Attorney at Morrison & Foerster LLP,
counsel of record for Apple, 2/8/12

SAMNDCA10257319

16

Exhibit D to Declaration of Minn Chung,
Attorney at Morrison & Foerster LLP,
counsel of record for Apple, 2/8/12

17

Prepared by Invotex Group
Page 1 of 6

Submitted Under Seal; Highly Confidential;
Outside Counsel Eyes' Only

EXHIBIT 24-S

Apple Inc. v Samsung Electronics Co., LTD., et al.

Demand for Design Patents and Trade Dress
#

Document Description

Bates Number

Party

Comment

Smartphone

22

Exhibit I to Declaration of Minn Chung,
Attorney at Morrison & Foerster LLP,
counsel of record for Apple, 2/8/12

SAMNDCA10247549

Samsung

CEO Gee Sung Choi criticized Samsung UX's mindset of "clinging to the past
generation," stating, "I'm not saying, let's make a UX that is exactly the
same as the iPhone, I am saying, let's learn the wisdom of the iPhone and
recognize that they have already set the industry standard (?) [sic]."

X

23

Exhibit J to Declaration of Minn Chung,
Attorney at Morrison & Foerster LLP,
counsel of record for Apple, 2/8/12

SAMNDCA10252809

Samsung

In the chart, "Evaluation results of design quality/luxury brand recognition,"
iPhone scores 90% on attractiveness, while Galaxy S phone scores 79%.

X

24

Exhibit J to Declaration of Minn Chung,
Attorney at Morrison & Foerster LLP,
counsel of record for Apple, 2/8/12

SAMNDCA10252818

Samsung

When compared with the GA3, iPhone 4's "icon illustrations look
professional and luxurious."

X

25

Exhibit J to Declaration of Minn Chung,
Attorney at Morrison & Foerster LLP,
counsel of record for Apple, 2/8/12

SAMNDCA10252832

Samsung

"The border is designed with metal silver, providing a futuristic and
luxurious feeling."

X

26

Exhibit K to Declaration of Minn Chung,
Attorney at Morrison & Foerster LLP,
counsel of record for Apple, 2/8/12

SAMNDCA10244368

Samsung

In a slide titled, "Apple has overtaken Samsung as the most stylish brand
overall," there is a quote from London: "I think Apple is so successful
because they have come out with a unique product [and] you see all other
mobile phone providers are trying to copy each other. Apple came out with
something different and that's why everyone likes Apple - because it's
different"

X

27

Exhibit P to Declaration of Minn Chung,
Attorney at Morrison & Foerster LLP,
counsel of record for Apple, 2/8/12

SAMNDCA00249046

Samsung

"The impact on the category is likely to be material because the product
[iPhone] will affect consumer expectations for design, user interface and
presumably cell phone music capabilities."

X

28

Exhibit Q to Declaration of Minn Chung,
Attorney at Morrison & Foerster LLP,
counsel of record for Apple, 2/8/12

29

iPhone 4.0 Quick Report & Analysis

30

Tablets

SAMNDCA00232256

Samsung

SAMNDCA00024872-4941, at '4908

Samsung

Corrected Exhibit C to Declaration of
Francis Ho, 11/7/11 (Title of document:
STA Post Launch Consumer Insights)

SAMNDCA00025016 - 5079, at
'5031

Samsung

31

Samsung Galaxy Tab 10.1 & 8.9
Competitive Product Experience

SAMNDCA00027944 - 8005, at
'7948

Samsung

32

Samsung, part 1. Endless opportunities.

SAMNDCA00176269 - 6897, at
'6343-'7644

Samsung

33

Samsung Lovemark Mobile & Web
Research: Lovemarks.

SAMNDCA00207695 - 7765, at
'7731

Samsung

34

Business & Messaging Users Qualitative
Research Results

SAMNDCA00218063 - 8130, at
'8099

35

2009 Samsung Umbrella Brand
Architecture

36
37
38

BAS H1 2010 Final Report USA
Brand Attitude Survey 2010 2H - Main
Module: USA
Brand Attitude Survey H2 2009 Country
Report: USA

In a Market Intelligence Group Survey for Samsung, iPhone scores high in
items such as "Sensual Design," "Stylish," "Prestigious," "Contemporary,"
"Young," "Passionate," and "Imaginative." Above the chart of survey results,
there is the statement "iPhone generally shows a distinctive image
compared to Samsung." Apple generally outperformed Samsung in almost
every category.
In a Samsung presentation titled, "iPhone 4.0 Quick Report and Analysis,
there is a side to side comparison of the back of Galaxy S phone and the
iPhone with a check on the iPhone side and the comment, "Apple logo on
back."

X

X

"Design on the Galaxy Tab 10.1 was and is the main sales driver for the
device."

X

"Apple iPad 2 was rated significantly higher in overall design than Samsung
Galaxy Tab 10.1, Blackberry Playbook and HP Touchpad."
"The halo effect. If you can own one attribute, the prospect is inclined to
give many others. The proof of the principle. Apple's focus on design has
built a powerful brand."
Apple was rated "among the best" while Samsung was rated "about
average" for "Physical Design."

X

Samsung

In a slide titled, "Comparison between Current and Wish Phones_Design,"
Samsung states "Apple iPhone users rate design satisfaction higher than the
others." The chart below shows Apple ratings that are higher in terms of
easy to carry, color, size of phone, form factor, material, button to input text
easily, and keypad type.

X

Samsung

"Sony is known for quality, trust and worth; Apple for buzz, design, and
innovation…"

X

X

Samsung

"Apple distinguishes itself on Expertise, Sensual Design, and Endorsement."

X

X

Samsung

A chart titled "Performance on BE attributes - Samsung vs. Apple" rates
Apple higher in "Sensual Design" compared to Samsung.

X

X

Samsung

"iPhone generally shows a distinctive image compared to Samsung."

X

SAMNDCA00259131 - 9239, at
'9167

Samsung

Samsung's draft presentation includes a quote from Fox News, "The hype
isn't without substance. Though each carrier alters its phone a bit, all three
Galaxy S II smartphones have some specs in common: a 4.3-inch, Super
AMOLED 800x480 screen, a dual core 1.2-GHz processor, fast 4G network
connectivity, and a sleek, simple design evocative of the iPhone."

X

SAMNDCA00230535 - 0645, at
'0571
SAMNDCA00236017 - 6112, at
'6077
SAMNDCA00245494 - 5611, at
'5584
SAMNDCA00232190 - 2290, at
'2256

X
X

X

39

COO Visit to STA - September, 2011

40

Samsung, European Telecommunication
Operation, P5 vs. iPad2, 18th May, 2011

S-ITC-010617659 - 7694, at '7663

Samsung

In a slide of side to side comparison of the iPad 2 and P5, Samsung
comments that on the iPad2, "icons are big and the gap between the
applications are ideal!!!" "Due to the big size of Icons and the big gap
between applications, it is easier to find applications."

X

41

Samsung, European Telecommunication
Operation, P5 vs. iPad2, 18th May, 2011

S-ITC-010617659 - 7694, at '7670

Samsung

Samsung comments that the contacts function on the iPad 2 has "very nice
UI design and easy to edit contacts because Edit button is always visible!!!
Very nice Book design and the editing is easy and intuitive."

X

42

Samsung Galaxy S Launch Event
(http://www.youtube.com/watch?v=Pnx
fnFm0Wb8)

N/A

Samsung

9.9 mm thickness and 4 inch screen are described in a video clip about the
Galaxy S.

N/A

Samsung

Describes tablet design as "revolutionary".

N/A

Samsung

Design of the phone seen from every angle.

X

Samsung

Samsung describes "Design" as a main feature of the Galaxy S II and notes
the phone's "Slim and Light Design." Diagrams show "a double tap and tilt
of the device will zoom in and out" and "tap and pan will move the user
from widgets to menus." Samsung in its 30 second pitch described the
screen as "wrapped in the sleekest design you can find anywhere." and
highlights Design in its 3 minute pitch guidelines. Picture at the CTIA
Unpacked event with Design on a powerpoint slide.

x

43
44

45

[GALAXY Tab 10.1] Official Demo - HD
[GALAXY S II] Official Live Demo Viewing

Samsung Galaxy S II Presentation

SAMNDCA10775587 - 5624, at
'5594, '5599, '5607, '5619, '5621,
'9831

Prepared by Invotex Group
Page 2 of 6

X
X

Submitted Under Seal; Highly Confidential;
Outside Counsel Eyes' Only

EXHIBIT 24-S

Apple Inc. v Samsung Electronics Co., LTD., et al.

Demand for Design Patents and Trade Dress
#

Document Description

Bates Number

Party

46

Samsung Galaxy Tab 10.1 - Official
Commercial
(http://www.youtube.com/watch?v=OM
1Pt0AXSaI)

Comment

Smartphone

N/A, time in video: 00:30

Samsung

Apple comparison is shown between a Galaxy Tab 10.1 and iPad.

Tablets

x

x

47

[Blank Title], by Design Management
center, 10/8/7 (Translated)

SAMNDCA00202336 - 2380, at
'2358, '2363, '2379

Samsung

From a Design Competitiveness Evaluation, Samsung notes that "the
[iPhone] design has simple appearance, but becomes more and more
attractive as it is used)," and "out of the evaluation items for Delight, Total
Design Uniformity and Design Leadership are more than 6 points higher
than our company's mobile phones."
"Deliver overall consistent images over the entire process of product use in
addition to the product itself. Provide reliability by implementing Identity
that involves integration of brand, design and marketing." [Slide shows
Apple marketing items]
"Intuitive Interface...Advanced Technology that simplifies complicated
external function keys and thus enhances usability." [Shows picture of iPod]

48

Experts' Evaluation Result, Self
Inspection Program - Major Status on
Global Design Competitiveness
Evaluation, October 2007 (Translated)

SAMNDCA00203016 - 3040, at
'3033

Samsung

"When it comes to design, advance market dominance is important. The
design that lost market dominance may appear to be an imitation."
"iPhone GUI appears to be alive. There is a lack of GUI that is more vivid and
attractive GUI."

x

49

Relative Evaluation Report on S1, iPhone,
3/2/10 (Translated)

SAMNDCA00203880 - 4010, at
'4006 and '4010

Samsung

After comparing iPhone and i9000 icons, directions for improvement
include " change replicate icons and select and use highly intuitive icons"
and "eliminate the feeling that the iPhone’s menu icons were copied."

x

50

Email from Kim Ah-young RE Octopus
3/17 Report Result, 3/17/10 (Translated)

SAMNDCA00507826 - 7827

Samsung

51

Expert Evaluation Result [Cell Phone],
October '07 (Translated)

SAMNDCA00203092 - 3179, at
'3137

Samsung

52

Competitive Tablets Product Experience:
Form Factor & Display Size / Aspect Ratio
validation Research Report, 8/28/11

SAMNDCA00237976 - 8036, at
'7978

Samsung

SAMNDCA00238251 - 8277, at
'8254

Samsung

"Overall, the iPhone 3GS was rated better than other devices in overall
design, life needs and values, touchscreen, general usability and users
satisfaction across the sessions."

SAMNDCA00514511 - 4520, at
'4512

Samsung

In response to requests to change tablet specs, YK Yongki Min noted it was
"intending the improvement of product competitiveness against i-PAD 2, to
my understanding."

x

SANDCA00514571 - 4578, at '4576

Samsung

Don Ju Lee: “The bottom line is that our P3 should go head-to-head against
I-Pad II [sic] this time. First, the problem is strengthening the quality of the
product. 1. We will proceed on the premise that the thickness of the P3 that
is already in the process of being reviewed should be less than 8.8mm."

x

Samsung

Samsung conducted a survey of customer returns, and 15% were attributed
to design, of which 4% was attributable to appearance alone.

x

Samsung

A major problem area "Legibility [for P5] is not good [as iPad 2] as the icon
label is too small in proportion to the large screen."

x

Samsung

A side by side comparison of secondary icons from various phones,
including the iPhone, is listed. In reviewing iPhone's secondary icons, "many
icon metaphors are simple vector shapes which are easy to understand….
Icons are very ownable and can easily be identified as part of the Apple
family." The reported recommended "maintaining a strong link between
the visual style of main menu icons helps maintain a family feel."

x

A side by side comparison of the main menu layout and main menu icons is
listed. The Apple iPhone's "iconography used is very ownable - even icons
for third party applications or features seem very iPhone-like… Visual
language of iconography fits into the overall Apple family identity." The
report recommended "maintain consistent visual application of icon style
within the brand."

x

53

54

55

56
57

Critical Findings Brief: Competitive UX
Evaluation of Atlas, Victory, Supersonic
and Vegas with HTC Incredible and Apple
iPhone 3GS
Email chain from Shoneel Kolhatkar, RE
"Changes of Tablet Spec", 3/7/11
(Translated)
Email chain between Yong Il Lee and
others, RE "About Galaxy Tab 10.1 Inch
Introduction Strategy", 3/11/11
(Translated)

North America P4(P7510 Wifi) BBY Retail
SANDCA10154003 - 4053, at '4013
Store Visit T/F Report, August 2011
(Translated)
P5 Usability Evaluation Results - 4/9/11
SAMNDCA00176053 - 6171, at
(Translated)
'6057

"Summary of confirmed issues and comments following this morning’s
report by the general business manager: …. 7. Packaging: Proceed with
iPhone/Droid type"
Apple's Desire, Intrigue, and Delight scores are consistently higher than
Samsung's. "There are more significant differences in "intrigue" and "design
leadership."
Survey contain user preferences of tablets:
"consumers ranked Apple iPad (41%), Galaxy Tab 10.1" (26%) and 8.9 (17%)
as most preferred tablet based on overall preference, taking into
consideration form factor AND display size."

58

Competitor Analysis Design & Layout 2009 GUI Framework, 04/2008

SAMNDCA00228887 - 8933, at
'8900, '8905, '8915

59

Competitor Analysis Design & Layout 2009 GUI Framework, 04/2008

SAMNDCA00228934 - 8980, at
'8947, '8964, '8969, and '8979

Samsung

60

Analysis of Relative Strengths and
Weaknesses P1 vs. iPad App, 4/20/10
(Translated)

SAMNDCA00203727 - 3768, at
'3728

Samsung

61

iPad vs. Honeycomb P5 UX Comparison
of Competitiveness, 2/10/11 (Translated)

SAMNDCA00203811 - 3879, at
'3878

Samsung

62

The Cambridge Group - Developing an
Optimized Positioning Strategy for
Samsung's U.S. Mobile Phone Business,
Positioning Strategy Recommendation.
Final Report. 1/30/07

SAMNDCA00249029 - 9120, at
'9046 and '9049

Samsung

The Cambridge Group notes that the iPhone "will affect consumer
expectations for design, user interface and presumably cell phone music
capabilities." the report also notes that reviewers are "most impressed with
the uniqueness of the form…."

63

European Telecommunication Operation
P5 vs. iPad 2, 5/18/11

S-ITC-010617659 - 7694, at '7663

Samsung

Acme, July 2008

SAMNDCA10275576 - 5646, at
'5593

Samsung

"Overall, they were quick to compare it to the iPhone. Uniformly, people
felt Acme was a copy of the iPhone."

x

x

x

The P5 "Icons are too small and too close to each other," while the iPad 2
"icons are big and the gap between the applications are ideal."

64

x

"P1 does have some strengths compared with iPad but also gives a stuffy
feeling at the same time. The details on graphics are not enough to
experience reality compared with iPad. Due to the lack of visual effects, fun
factors are not enough, and usability is low.
"Compared with our own TouchWiz, P3 [Honeycomb] GED is in a
disadvantageous position in terms of usability and intuitiveness. It requires
tablet UI/UX that is optimized and comparable with iPad. The somewhat
poor quality black UI causes inconvenience, degrading visibility and
readability.... Menu offering method, pop-up menu location, coherence of
icon, and unity are low."

Prepared by Invotex Group
Page 3 of 6

x

x

x

x
x

Submitted Under Seal; Highly Confidential;
Outside Counsel Eyes' Only

EXHIBIT 24-S

Apple Inc. v Samsung Electronics Co., LTD., et al.

Demand for Design Patents and Trade Dress
#

Document Description

Bates Number

Party

Comment

Smartphone

x

65

Global Evaluation Criteria For Tier 1
Design

SAMNDCA00221705 - 1818, at
'1708, '1709, '1713, '1718

Samsung

"Research suggests that brands that engage people emotionally can
command prices as much as 20% to 200% higher than competitors', and sell
in far higher volumes."
"Samsung products were considered commodities. Samsung focus was on
low cost manufacturing. Samsung products provided good value at low cost.
But people neither loved nor respected the Samsung brand or its products."
"Now Samsung must move from a well respected brand to a brand whose
products are designed to make people love them.... This also necessitates
moving from design as an expression of only form and function to designing
an emotional, multi-sensory experience for the consumer."
"We must add a higher level of inspired and inspiring design. Design cannot
be only focused on the traditional role of the invention of new product
architectures and the elegant expression of contemporary forms in
conjunction with improved ease of use. This is not only because
conventional design standards have been raised by all of the major
competitors but because this type of design, no matter how good, is not
longer sufficiently engaging. For design to emotionally engage the
consumer and command the attention of media, one must love to design as
theater. This type of design is based upon the stimulation of all of the
senses, the creation of mystery and the engagement of the viewer and user
in a more intimate relationship."

66

Agenda [table of contents in Korean]

SAMNDCA10809734 - 9875, at
'9838 - '9840

Samsung

"Start with materials…. Iconic Beauty that others cannot easily copy. Cost
Innovation that makes bigger profit. Value creator that maximizes product
concept." On the next slide, it shows the iPhone.

x

67

'10 US Archetype Design Input, 10/23/08

SAMNDCA10202899 - 2983, at
'2925

Samsung

"Touch device is being positioned as a premium phone... stylish and
characteristic design for touch device is needed.... Stylish touch phone need
to focus on the design itself to appeal self-esteemed people. With the
design identity, large screen, easily usability, and multimedia functionality
will be weighed in as a state of the art device."

x

68

Feasibility Review on Standalone AP
Business for Smart Phone Market
(Untranslated document)

SAMNDCA10809390 - 9460, at
'9402

Samsung

"Our research has identified four key factors that we expect will shape
handsets in the coming five years. Those factors are: 1. the iPhone…."

x

SAMNDCA00191811 - 1987, at
'1830, '1838, '1841, '1842

Samsung

"Pundits tell us that the iPhone is a revolution…. 'Apple Inc's iPhone…
widely hailed for its beauty and functionality….' -Walter Mossberg"
"The iPhone has delivered on the promise of touch, permanently altering a
consumer's mental model of a mobile phone across key product
dimensions. [Design is shown as a dimension]."
"The iPhone is in some ways 'undesigned' but its strong ,screen-centric
design has come to equal what's on trend and cool for many consumers."
"For State of the Art, Apple has overtaken Samsung as the most stylish
brand overall."

x

S-ITC-009302888 - 2969, at '2894

Samsung

"When [Omnia II] compared with the iPhone, it fell short in some cases, and
was on par in others. The main advantage of the iPhone was its perceived
simplicity."

x

SAMNDCA10175266 - 5267

Samsung

Findings of the final report on competitive touch UX design between the
iPhone 3GS and other phones include "home screen preference - iPhone
3GS has the highest ranking…. We should use iPhone 3GS (for the time
being until another best-of-the-class in usability) as benchmark/goal for
improvement in any of our products. In the Android platform, we will want
to make sure any of the enhanced designs should at least match the default
UX supported by the platform through user-centered research and
consumer usability testing...."

x

SAMNDCA10807316 - 7387, at
'7358

Samsung

Strategic plays for Samsung include, "UI on par with iPhone….. Match the
iPhone UI within the next 12 months."

x

Samsung

"The iPhone is in direct competition with a large number of Samsung
devices (Form Factor view)"
"Apple (in combination with RIM) is creating a growing threat to Samsung's
market share."
"State-of-the-Art were driven by the Apple brand and design."
"iPhone segments are very distinct in terms of why they bought the
iPhone..." under State-of-the-art, "Key buying factors - high on Design &
Appearance."
"Recommendation #1 - Contain Apple by 'encircling the iPhone' through
systematically targeting the under-served needs of different iPhone
segments" an arrow points to "State-of-the-art = Style + Apple - Price."

Tablets

x

69

Touch Portfolio, Rollout Strategy,
12/17/08

70

Final Report - i920 Usability Test &
iPhone Benchmarking - UT1, 9/25/09

71

Email chain from Sang Hung to YK Tongki
Min, et al. RE Competitive Touch UX
design consumer usability report,
12/4/09

72

Winning in Smartphones - It's now or
never, by McKinsey&Co, 12/10/09

73

Support to STA's Counter-Apple Strategy,
Mercator Partners, 9/18/08

SAMNDCA10036081 - 6204, at
'6089, '6094, '6103, '6106

74

Results of Global Segmentation 2.0
Study, Mobile Marketing Group /
Strategy & MI Part, March 2010

SAMNDCA00196646 - 6827, at
'6658

Samsung

75

Samsung Mobile Philosophy, Analysis of
Survey Results, Mobile UX Group
Samsung Electronics, 8/13/07

SAMNDCA 00217372 - 7388, at
'7380

Samsung

"Changes in high-end consumers' awareness of styles" include: "focus not
only on the external design but on the UX design and usability."
"Customized Design" points to "Personalized Experience"
"Recognize touch screen as the best tool to ensure
intuitiveness/style/visibility."
"Style = In & Out + Trendy + Latest." Same slide also depicts different
pictures of the iPhone.

Samsung is compared with Apple and Sony. Apple is described as "simple,
innovation, new, easy, minimal" and Samsung as "techy, balance, wide &
deep, reason & feeling, absence of consistency."

Prepared by Invotex Group
Page 4 of 6

x

x

Submitted Under Seal; Highly Confidential;
Outside Counsel Eyes' Only

EXHIBIT 24-S

Apple Inc. v Samsung Electronics Co., LTD., et al.

Demand for Design Patents and Trade Dress
#

Document Description

Bates Number

Party

Comment

Smartphone

"Vibrant users value the product's features over the product's brand and
design.... There were not many Apple users who purchased Samsung
products. In contrast, many Samsung users purchased Apple products
subsequently."
“Brand and Design were the main reasons consumers purchased the iPhone
4, which is the main competing product to Samsung Phones.” Design is the
fourth most important reason for buying the Samsung Vibrant.

x

76

Final Report, Galaxy S Market Response
Survey (US), October 6

SAMNDCA 00521309 - 1396, at
'1316, '1318, '1374

Samsung

77

3G iPhone Counter Plan, 6/14/08

SAMNDCA00251457 - 1505, at
'1460

Samsung

78

iPhone 3G UX Analysis, 7/12/08

SAMNDCA00251538 – 1565, at
'1561

Samsung

79

Design Strategy of Apple, Concept
Planning Unit, 3/16/11

SAMNDCA10808165 - 8199, at
'8174 and '8175

Samsung

Samsung outlines iPhone and iPad design history.

x

80

Touch Devices Browser User Experience
Best Practices, STA UX, 2/13/09

SAMNDCA10166661 - 6742, at
'6683

Samsung

"Apple iPhone browser url/search UX provides one of the best reference
designs in the market."

x

81

"Premium & Mass Design Preference
Study"

SAMNDCA00176172 - 6202, at
'6178, '6192

Samsung

“iPhone [Korean text] = Premium/[Korean Text]”
The "Most Trendy" phone is the iPhone 3GS and 4. "It's simple, it looks like
it's more skinny and it's enough space to navigate it. It's everything that you
need in a phone."

x

82

Email from Nandakumar Ramachandran,
11/16/09 RE: Competitive Intelligence on
2010 TMO Android Product Roadmap
against Samsung 2H10 Android Product
Roadmap Strategy for TMO

SAMNDCA10410283 - 0293, at
'0283

Samsung

"iPhone 3GS still scored best across virtually all the tasks tested (and in
some cases by a wide margin), the home screen design and the general
interaction design."

x

SAMNDCA00274819 (Cheong
Exhibit 2652)

Supplement
Samsung '4831: "Apple's sleek and intuitive user interface has been a key driver of its
value proposition . . . Clean, beautiful interface. Clean menu screens.
Intuitive, user-friendly navigation & visual elements . . . ."

Tablets

Lessons From Apple

iPhone has “Innovative UI,” “touch screen,” and “focusing emotional
benefits."
iPhone strengths include "user friendly", "usability", "touch-screen", and
"cool factor.”
"While it has no immediate competition in terms of usability and style, it
[iPhone] will undoubtedly create a world of copycat products and
competitors. Competitors' new technologies, business model and/or
creative user interface have been and will be launched to compete with
iPhone.”

x

x

x

x

x

'4838: "Apple has a strong, clear brand promise consisting of compelling
brand attributes that resonate with consumers. . . . Apple's brand promise
consists of compelling brand attributes valued by consumers. . . . Brand
promise: 'Cool, innovative products offering superior design and usability."

83

N/A

SAMNDCA10247509 (Cho Exhibit
1976)

Samsung

84

Ecosystem Procuring Strategy to Take
the Lead in the Smartphone Market

SAMNDCA00392050 (Cho Exhibit
2676)

Samsung

85

Per pp.63 of Deposition of Seunghwan Cho, referring to Exhibit 1976: "The
president directed that we place each page of the whole UI on the wall and
change the UI perfectly."
Per pp.70 of the Deposition of Seunghwan Cho, referring to Exhibit 1976: "It
seems we ought to improve the UI so as to make it absolutely superior in
comparison to the iPhone, with respect to those functionalities that are oft
used in an absolute sense."
2112: In text above pictures of OMNIA v. iPhone 3Gs: "iPhone: Except for
one H/W key, entire menu is substituted with icons of consistent size and
shape and easy to understand how to use through application of intuitive
menu."

x

x

In text above graphic on '2117": "Design is a far superior factor playing an
important role."
'2118: Design ranked 61.8%, Important points influencing a smartphone
buying decision besides the device specs by Japanese users.
Palm Pre, Apple iPhone, HTC Magic US:
SAMNDCA00391937 (Cho Exhibit
UI Weakness/Strength Report - August 5,
2679)
2009 - R&D Management Group

Samsung

1951: Strengths of Apple iPhone 3GS include "Screen switch & scrolling
smooth & sleek" and "Intuitive UX + emotion-inducing/sensible graphic
effects provided"

x

Phase 2 Design Strategy

86

Samsung

2379: Survey on design metrics such as Desire, Intrigue, Delight, "iPhone is
on average 5.9 points higher compared to Samsung mobile phones"

x

SAMNDCA00202336 (Choi Exhibit
2150)

87

'2342 Samsung design philosophy: "Create an Emotional Journey. Design
an emotional experience. Desire / Intrigue / Delight."
Alkon Instructions from the CEO

88

Expert Evaluation Result [Mobile Phone]

SAMNDCA20012936 (Choi Exhibit
2641)
Translations Beg Bates:
SAMNDCA20012936
SAMNDCA203092 (Hong Exhibit
2149)

Samsung

Samsung

89

90

Email from Dong Jin Koh to Dong Hoon
Chang, et al., "Conveyance of the
President's views on touch method and
call to meeting"

SAMNDCA11374409 (Hong Exhibit
2640)

Samsung

2936 (translation '9970): Report entitled "Alkon - Instructions from the
CEO," noting "Improve UX, referring to iPhone 3GS."
'2950 (translation '9974): Side-by-side photographs of Samsung and iPhone
GUI.
3152: In survey, Apple iPhone ranked higher in Desire, Intrigue, and Delight
(Gestalt) attributes: "The harmony of UI and HW makes this product shine."
"Unique, fresh, and an outstanding product that deserves the best score the main issue for future products is how much buzz can be created by
instilling emotions into the items."
'4410: Email from Dong Hoom Chang re: "President's views on touch
method": "C-type's strengths are the sleek exterior product design,
superior feel of the touchscreen, and multi-touch, these 3 points. It
becomes my thought that even among these, the sleek product design
execution that the iPhone shows, is what is thought by the above or in sales
to be the greatest appeal factor."

Prepared by Invotex Group
Page 5 of 6

x

x

x

Submitted Under Seal; Highly Confidential;
Outside Counsel Eyes' Only

EXHIBIT 24-S

Apple Inc. v Samsung Electronics Co., LTD., et al.

Demand for Design Patents and Trade Dress
#

Bates Number

Party

Comment

Smartphone

Email from Yu Shin Kim to Lead Dae
Woon Myeong.

Document Description

SAMNDCA10969926 (Hong Exhibit
2708)

Samsung

9932: Email from MH Cho to WP Hong re: "Galaxy S Review": "Overall, it
does not surpass the limitations of the iPhone. I get the feeling that the
design of UI and Look and feel was led by engineers. Therefore, they can't
do anything other than copying the iPhone…. If you remain content because
it was a big hit domestically, you will always be second place. Shouldn't we
make Apple copy Samsung?"

x

Email from Hyun Kim, "MWC (2/15) P1/p3 Division Head Design Report
Meeting Minutes

SAMNDCA00044700 (Hong Exhibit
2709)

Samsung

Gravity Tank: Touch Portfolio: Rollout
Strategy - Recommendation Based on
Consumer Insight

SAMNDCA00191811 (Sohn Exhibit
1654)

Samsung

4700: Email from H Kim: "To pass along a few comments from Lead
Designer Cho who went into the Google meeting yesterday - P1, P3: - Since
it is too similar to Apple, make it noticeably different starting with the front
side."
1834, '1841, '1842: Survey/market research. Regarding iPhone:
"Consumers applaud the iPhone's ease of use and simplicity." "Screencentric design has set the standard for touch." "Apple has overtaken
Samsung as the most stylish brand overall. . . . 'I think Apple is so successful
because they have come out with a unique product [and] you see all other
mobile phone providers are trying to copy each other. Apple came out with
something different and that's why everyone likes Apple - because it's
different."

91

92

93

94
95

Support to STA's Counter-Apple Strategy
Feasibility Review on Standalone AP
business for Smart Phone Market
STA Marketing: CFO Update

96
(Gravity Tank) Touch Portfolio: Key
Takeaways

97

SAMNDCA10036081 (Sohn Exhibit
2715)
SAMNDCA10809390

Samsung
Samsung

SAMNDCA11547471 (Cheong
Exhibit 2653)

Samsung

SAMNDCA10805169 (Sohn Exhibit
2714)

Samsung

'1870: Regarding Samsung's phones: "While liked, no phone makes a
design statement - Consumers feel they look too plain, too extreme or too
much like other Samsung phones."
6145: Survey, "Key Buying Factors (rank 1-16) - amongst iPhone owners":
Design and appearance is ranked second.
9427: "Factors That Could Make the iPhone a Success - Easy and intuitive UI
that covers all user classes, including male, female, old and young Beautiful design."
7475: STA marketing report. "2012 Objectives: Overcome Fast Follower
Status & Establish Samsung as Challenger Brand to Apple."
5170: Executive Summary - Consumer Needs: "The main element of the
reason for purchasing a touch phone appeared to be intuitive/easy use of
various features and modern image."

Tablets

x

x

x
x

x

x

'5171: Executive Summary - iPhone Feedback: "iPhone appeared to be the
most popular touch phone brand in the high value segment - The
consumers recognize iPhone's screen-centric design as touch phone's
standard . . . (Our company's main target segment, 'state of the art,'
considers Apple as no. 1 and our company as no. 2 in the "Most Stylish
Brand" category.)"
'5172: Executive Summary - Samsung Touch Feedback: "The exterior
design and PUI's design group statement that encompasses the consistency
of individual products and the overall touch portfolio was evaluated to be
weak."

Sources/Notes:
1/ (a) iPhone Buyer Survey, Apple Market Research & Analysis, FY11 - Q4, APLNDC-X0000006548 - 6647, at '6566 and '6620;
(b) iPhone Buyer Survey, Apple Market Research & Analysis, FY11 - Q3, APLNDC0000036172 - 6265, at '6189 and '6238;
(c ) iPhone Buyer Survey, Apple Market Research & Analysis, FY11 - Q2, APLNDC0000036266 - 6348, at '6293;
(d) iPhone Buyer Survey, Apple Market Research & Analysis, FY11 - Q1, APLNDC-Y0000027341 - 7422, at '7362;
(e) iPhone Buyer Survey, Apple Market Research & Analysis, FY10 - Q4, APLNDC-Y0000027256 - 7340, at '7277.

Prepared by Invotex Group
Page 6 of 6

Submitted Under Seal; Highly Confidential;
Outside Counsel Eyes' Only