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

Filing 2126

Declaration of Susan Estrich in Support of 2013 MOTION for Judgment as a Matter of Law, New Trial and/or Remittitur Pursuant to Federal Rules of Civil Procedure 50 and 59, 2054 Brief, 2053 Opposition/Response to Motion, filed bySamsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Attachments: # 1 Exhibit 1 to the Estrich Declaration, # 2 Exhibit 2 to the Estrich Declaration, # 3 Exhibit 3 to the Estrich Declaration, # 4 Exhibit 4 to the Estrich Declaration, # 5 Exhibit 5 to the Estrich Declaration, # 6 Exhibit 6 to the Estrich Declaration, # 7 Exhibit 7 to the Estrich Declaration, # 8 Exhibit 8 to the Estrich Declaration, # 9 Exhibit 9 to the Estrich Declaration, # 10 Exhibit 10 to the Estrich Declaration, # 11 Exhibit 11 to the Estrich Declaration, # 12 Exhibit 12 to the Estrich Declaration, # 13 Exhibit 13 to the Estrich Declaration, # 14 Exhibit 14 to the Estrich Declaration, # 15 Exhibit 15 to the Estrich Declaration, # 16 Exhibit 16 to the Estrich Declaration, # 17 Exhibit 17 to the Estrich Declaration, # 18 Exhibit 18 to the Estrich Declaration, # 19 Exhibit 19 to the Estrich Declaration, # 20 Exhibit 20 to the Estrich Declaration, # 21 Exhibit 21 to the Estrich Declaration, # 22 Exhibit 22 to the Estrich Declaration, # 23 Exhibit 23 to the Estrich Declaration, # 24 Exhibit 24 to the Estrich Declaration, # 25 Exhibit 25 to the Estrich Declaration, # 26 Exhibit 26 to the Estrich Declaration, # 27 Exhibit 27 to the Estrich Declaration, # 28 Exhibit 28 to the Estrich Declaration, # 29 Exhibit 29 to the Estrich Declaration, # 30 Exhibit 30 to the Estrich Declaration, # 31 Exhibit 31 to the Estrich Declaration)(Related document(s) 2013 , 2054 , 2053 ) (Maroulis, Victoria) (Filed on 11/9/2012)

Estrich Declaration
Exhibit 28

Invention Of the Year: The iPhone - Best Inventions of 2007 - TIME

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PLAINTIFF’S EXHIBIT NO. 135

Best Inventions of 2007

United States District Court
Northern District of California
No. 11-CV-01846-LHK (PSG)

From the phone that has changed phones forever, to futuristic cars, to a building made of water,
to a remote-controlled dragonfly — a dazzling display of ingenuity

Apple Inc. v. Samsung Elecs.

Select a Section

Story

Invention of the Year

Invention Of the Year: The iPhone
By LEV GROSSMAN

Date Admitted:__________ By:_________

All Best and Worst Lists

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Thursday, Nov. 01, 2007

Stop. I mean, don't stop reading this, but
stop thinking what you're about to think.
Or, O.K., I'll think it for you:
The thing is hard to type on. It's too slow.
It's too big. It doesn't have instant
messaging. It's too expensive. (Or, no,
wait, it's too cheap!) It doesn't support my
work e-mail. It's locked to AT&T. Steve
Jobs secretly hates puppies. And—all
together now—we're sick of hearing about
PRINT EMAIL SHARE
it! Yes, there's been a lot of hype written
about the iPhone, and a lot of guff too. So
1
1
Like 26
much so that it seems weird to add more,
after Danny Fanboy and Bobby McBlogger
have had their day. But when that day is
over, Apple's iPhone is still the best thing invented this year. Why? Five reasons:
1. The iPhone is pretty
Most high-tech companies don't take design seriously. They treat it as an afterthought.
Window-dressing. But one of Jobs' basic insights about technology is that good design is
actually as important as good technology. All the cool features in the world won't do you
any good unless you can figure out how to use said features, and feel smart and attractive
while doing it.

Special Features:
Gadget of the Year

The iPhone

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Tech Buyer's Guide

Emotive Clothing

The X-48B

Best Inventors

Warren Buffett, Adjust My Bra

http://www.time.com/time/specials/2007/article/0,28804,1677329_1678542_1677891,00.... 12/18/2011
APLNDC-Y0000146961

Plaintiff's Exhibit No. 135.2

Invention Of the Year: The iPhone - Best Inventions of 2007 - TIME

An example: look at what happens when you put the iPhone into "airplane" mode (i.e., no
cell service, WiFi, etc.). A tiny little orange airplane zooms into the menu bar! Cute, you
might say. But cute little touches like that are part of what makes the iPhone usable in a
world of useless gadgets. It speaks your language. In the world of technology, surface really
is depth.
2. It's touchy-feely
apple didn't invent the touchscreen. Apple didn't even reinvent it (Apple probably acquired
its much hyped multitouch technology when it snapped up a company called Fingerworks
in 2005). But Apple knew what to do with it. Apple's engineers used the touchscreen to
innovate past the graphical user interface (which Apple helped pioneer with the Macintosh
in the 1980s) to create a whole new kind of interface, a tactile one that gives users the
illusion of actually physically manipulating data with their hands—flipping through album
covers, clicking links, stretching and shrinking photographs with their fingers.

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This is, as engineers say, nontrivial. It's part of a new way of relating to computers. Look at
the success of the Nintendo Wii. Look at Microsoft's new Surface Computing division. Look
at how Apple has propagated its touchscreen interface to the iPod line with the iPod Touch.
Can it be long before we get an iMac Touch? A TouchBook? Touching is the new seeing.
3. It will make other phones better
jobs didn't write the code inside the iPhone. These days he doesn't dirty his fingers with 1's
and 0's, if he ever really did. But he did negotiate the deal with AT&T to carry the iPhone.
That's important: one reason so many cell phones are lame is that cell-phone-service
providers hobble developers with lame rules about what they can and can't do. AT&T gave
Apple unprecedented freedom to build the iPhone to its own specifications. Now other
phone makers are jealous. They're demanding the same freedoms. That means better, more
innovative phones for all.
4. It's not a phone, it's a platform
when apple made the iphone, it didn't throw together some cheap-o bare-bones firmware.
It took OS X, its full-featured desktop operating system, and somehow squished it down to
fit inside the iPhone's elegant glass-and-stainless-steel case. That makes the iPhone more
than just a gadget. It's a genuine handheld, walk-around computer, the first device that
really deserves the name. One of the big trends of 2007 was the idea that computing doesn't
belong just in cyberspace, it needs to happen here, in the real world, where actual stuff
happens. The iPhone gets applications like Google Maps out onto the street, where we
really need them.
And this is just the beginning. Platforms are for building on. Last month, after a lot of
throat-clearing, Apple decided to open up the iPhone, so that you—meaning people other
than Apple employees—will be able to develop software for it too. Ever notice all that black
blank space on the iPhone's desktop? It's about to fill up with lots of tiny, pretty, useful
icons.
5. It is but the ghost of iPhones yet to come
the iphone has sold enough units—more than 1.4 million at press time—that it'll be around
for a while, and with all that room to develop and its infinitely updatable, all-software
interface, the iPhone is built to evolve. Look at the iPod of six years ago. That monochrome
interface! That clunky touchwheel! It looks like something a caveman whittled from a piece
of flint using another piece of flint. Now imagine something that's going to make the iPhone
look that primitive. You'll have one in a few years. It'll be very cool. And it'll be even
cheaper.
View the full list for "Best Inventions of 2007"

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http://www.time.com/time/specials/2007/article/0,28804,1677329_1678542_1677891,00.... 12/18/2011
APLNDC-Y0000146962

Plaintiff's Exhibit No. 135.3