Apple's ginormous iPad prototype kept out of trial

The jumbo-sized early iPad prototype that made waves last month will not be allowed as evidence in the case between Apple and Samsung.

Josh Lowensohn Former Senior Writer
Josh Lowensohn joined CNET in 2006 and now covers Apple. Before that, Josh wrote about everything from new Web start-ups, to remote-controlled robots that watch your house. Prior to joining CNET, Josh covered breaking video game news, as well as reviewing game software. His current console favorite is the Xbox 360.
Josh Lowensohn
2 min read
Apple's early iPad prototype, dubbed the 035.
Apple's early iPad prototype, dubbed the 035. Buzzfeed

SAN JOSE, Calif. -- One of the first iPad prototypes will not be used as evidence in the trial between Apple and Samsung, despite it having been shown to jurors.

In a ruling near the end of the court session here today, U.S. District Judge Lucy Koh said that Samsung could not use the tablet, which cropped up in a pile of new evidence last month, to help show differences in what Apple originally envisioned for its patented tablet design, and what it eventually shipped.

The design patent, called the '889 patent in the case between the two tech giants, depicts a rectangular tablet device. So far Apple says that has become the look of the iPad 2 and beyond, but that some of its subtleties -- like round corners, unibody back, and bezeled glass -- applied to the first-generation iPad as well.

A drawing of what a tablet looks like in action in Apple's '889 design patent.
A drawing of what a tablet looks like in action in Apple's '889 design patent. Apple / U.S. Patent and Trademark Office

In early court filings, Samsung argued that the differences were more broad, pointing to an early prototype of the iPad, dubbed the 035 model (pictured above), which looked more like the thick lid of one of the company's plastic MacBook laptops.

Despite Koh's decision, today was the second time the 035 prototype has been shown to jurors during this trial. Samsung's attorneys held it up during the company's opening statements last week, and once again today before Apple's attorneys took offense to its presentation, calling it an "ambush" during the tail end of industrial design expert witness Peter Bressler's testimony.

The trial continues tomorrow, with the expected testimony of early Apple designer Susan Kare, who is perhaps best known for creating the initial set of icons for the first Mac.