Former Apple designer: I won't testify at Samsung trial

Former Apple designer Shin Nishibori is playing hard to get at testifying in the patent showdown between Apple and Samsung.

Samsung had been counting on Nishibori to appear in court. While at Apple, he developed designs of a Sony-like iPhone, according to AllThingsD, reportedly at the behest of Apple's design guru, Jony Ive.

The maker of Android-based smartphones has been arguing that Nishibori's designs serve as evidence that Apple's iPhone was influenced by Sony. If proven to be true, those claims would help Samsung, which has been accused of copying the iPhone for its own Galaxy smartphones. Apple has countered that the initial design of the iPhone predates the so-called Nishibori Design.

Either way, Nishibori isn't talking, at least not in court.

In response to a subpoena sent to Nishibori, his lawyer cited several reasons why his client won't appear at the trial, which starts today. In a letter sent to Judge Lucy Koh and published by AllThingsD, the attorney argued that Nishibori lives in Hawaii, more than 2,000 miles from where the trial is taking place in San Jose. Additionally, Nishibori is trying to recover... [Read more]