Apple's iPhone 5 was a
"tsunami" that needed to be "neutralized," according to an internal
email written by the former chief executive of Samsung's American phone
company. In a correspondence from Dale Sohn, who was the president and
CEO of Samsung Telecommunications America up until August 2013, he
suggested the company set up a "counter plan" to thwart the device,
which would go on sale just three months later.
"As you know, there will be a
tsunami when iPhone 5 is coming. This will be happening sometime in
September or October," Sohn warned in a message dated June 5, 2012.
"According to CEO's direction, we have to set up a counter plan to
neutralize this tsunami," he added, referring to JK Shin, the head of
Samsung's mobile business.
"We have to set up a counter plan."
Apple brought out the document
in an effort to suggest that Samsung was deeply concerned about the
iPhone at its very highest levels. That's part of a broader plan to
undercut Samsung's argument to a California jury that it has created a
series of original devices with original features. Samsung is a
self-described "fast-follower," however throughout this latest patent
trial between the two, Apple's suggested Samsung's flat out copied
features to improve its own devices. Samsung's referred to any such
practices as "benchmarking" and competitive analysis.
The email thread came up
following the testimony of Todd Pendleton, chief marketing officer of
Samsung Telecommunications America, one of three arms of Samsung that
have been accused of infringing on five Apple patents. Samsung had
called Pendleton up to the stand in order to discuss the company's "The
Next Big Thing" marketing campaign, which Samsung has argued boosted
sales of its phones and had Apple writing similar internal emails about competitive concerns.
Along with the "tsunami"
document, Apple brought out an earlier email from Sohn to Pendleton
dated October 4th, 2011 — the same day Apple announced the iPhone 4S —
suggesting the company reach out to Google to work on an ad campaign to
go after Apple, but indirectly. In the message, Samsung noted it wasn't
willing to flat out target Apple, given the fact that the iPhone-maker
was a "large" customer:
As you have shared previously, we are unable to battle [Apple] directly in our marketing. If it continues to be Samsung’s position to avoid attacking Apple given its status as as a large customer, can we go to Google to ask them to launch a campaign against Apple based on the many better Android products available in the market for Q4?
Sohn's earlier testimony
primarily involved describing Samsung before and after the debut of its
line of Galaxy devices, specifically its jump from being behind
smartphone makers like Apple and HTC. Sohn said much of that success was
the due to Samsung's marketing efforts, something that was attributed
to hiring Pendleton. The trial, which has been underway for two weeks,
is expected to conclude after Samsung runs through the rest of its
witnesses at the end of next week.
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