Former Apple designer won't be in court Monday for Apple Samsung trial

Samsung had considered him a key witness to prove that the Apple iPhone was inspired by Sony

Shin Nishibori, a former Apple designer and a key witness in Samsung defense against patent infringement allegations from Apple, will not appear before a California court on Monday despite being asked to do so.

Responding to a subpoena to appear and testify at the jury trial part of the case, which begins on Monday at the U.S. District Court in San Jose, Nishibori's lawyer said the subpoena was not properly served under Rule 45 (b)(2) of the U.S. Federal Rules of Civil Procedure. The rule regulates serving of subpoenas outside the state jurisdiction of the court and comes into play because Nishibori lives in Kailua, Hawaii, where he is recovering from health issues.

"Mr. Nishibori does not wish to offend the court by taking this action, but has been advised by counsel that he is not required to appear," read in-part a letter from Nishibori's lawyers sent to the court on Sunday.

Lawyers for Samsung already deposed Nishibori in Hawaii on May 2.

During that deposition, Nishibori said he was asked to produce mockups of a "Sony-like" cell phone as part of Apple's prototype design process for its first iPhone.

Samsung, which is alleged by Apple to have imitated its designs in its tablets and smartphones, is expected to argue that such practices are common in the consumer electronics industry and Apple also looked to competitors with Nishibori's mock-ups.

The case is 11-01846 in the U.S. District Court for the Northern District of California in San Jose.

John Ribeiro covers outsourcing and general technology breaking news from India for The IDG News Service. Follow John on Twitter at @Johnribeiro. John's e-mail address is john_ribeiro@idg.com

Join the newsletter!

Error: Please check your email address.
Rocket to Success - Your 10 Tips for Smarter ERP System Selection
Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

John Ribeiro

IDG News Service
Show Comments

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Ben Ramsden

Sharp PN-40TC1 Huddle Board

Brainstorming, innovation, problem solving, and negotiation have all become much more productive and valuable if people can easily collaborate in real time with minimal friction.

Sarah Ieroianni

Brother QL-820NWB Professional Label Printer

The print quality also does not disappoint, it’s clear, bold, doesn’t smudge and the text is perfectly sized.

Ratchada Dunn

Sharp PN-40TC1 Huddle Board

The Huddle Board’s built in program; Sharp Touch Viewing software allows us to easily manipulate and edit our documents (jpegs and PDFs) all at the same time on the dashboard.

George Khoury

Sharp PN-40TC1 Huddle Board

The biggest perks for me would be that it comes with easy to use and comprehensive programs that make the collaboration process a whole lot more intuitive and organic

David Coyle

Brother PocketJet PJ-773 A4 Portable Thermal Printer

I rate the printer as a 5 out of 5 stars as it has been able to fit seamlessly into my busy and mobile lifestyle.

Kurt Hegetschweiler

Brother PocketJet PJ-773 A4 Portable Thermal Printer

It’s perfect for mobile workers. Just take it out — it’s small enough to sit anywhere — turn it on, load a sheet of paper, and start printing.

Featured Content

Product Launch Showcase

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?