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Added by Gauss on 18.08.2012 |
PLUS: How Samsung explain they didn't copy the iPhone and iPad, with pictures, AND MORE!
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The trial continues. US District Judge Lucy Koh laid into lawyers, demanding to know how she could be expected to go through 75 pages of objections...
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We've been informing you on how the giant Apple v. Samsung patent trial is going, and now its time for another update.
Now that testimony in the trial is entering its final hours, US District Judge Lucy Koh laid into Apple lawyers, after receiving a 75-page briefing. The document covered 22 potential rebuttal witnesses the company might want to call after Samsung finishes presenting its case.
Koh demanded to know how she could be expected to go through 75 pages of objections to witnesses that she doesn't believe will have time to testify in any case.
"You want me to do an order on 75 pages tonight? When, unless you're smoking crack, you know that these witnesses are not going to be called?" Koh shouted at Apple lawyers. "Who is going to call all these witnesses when you have less than four hours left?"
"Your honor, first of all, I'm not smoking crack," said Apple lawyer Bill Lee. "We have timed it out."
Apple lawyer Michael Jacobs also stepped forward, assuring her that they had done a time test, and could get through 20 witnesses today and tomorrow in its rebuttal case against Samsung. "We didn't mean to burden the court," he said.
"You filed 75 pages of objections!" said Koh. "What do you mean you didn't mean to burden the court?"
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So, Koh promised Apple's lawyers that if they were overshooting the mark in their estimates, she would think of a penalty.
"If it turns out I will have gone through 75 pages of objections for people who are not realistically expected to be called, then I'm going to think up a proper tax for that," she said.
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Well, in a related note, Samsung kinda turned tables on Apple, and demanded $400M for its own patents.
But even more striking was Samsung's counter-offensive, in which it argued that its own patents were violated by Apple. Samsung claims that Apple should pay $422 million for copying Samsung patented technology, while Apple is seeking $2.88 billion from Samsung.
Samsung claims Apple infringes upon three patents, namely #7,577,460, filed for in July 2006, covering a "portable composite communication terminal for transmitting/receiving and images, and operation method and communication system thereof." There's also #7,456,893, filed for in June 2005, which covers a "Method of controlling digital image processing apparatus for efficient reproduction and digital image processing apparatus using the method," and #7,698,711, filed for in July 2007, covering a "Multi-tasking apparatus and method in portable terminal."
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And finally, here's how Samsung explained that it didn't copy the iPhone and iPad, in pictures.
Testifying on Samsung's behalf was one of the people behind LaunchTile, a user interface for mobile touchscreen devices in the early 2000s such as the HP iPaq. Samsung presented an image of LaunchTile running on the iPaq to show that interfaces consisting of a grid of rectangular icons weren't unique to Apple:
After finishing its third-party prior art argument, Samsung attempted to disprove Apple's point that Samsung products were dramatically altered to look just like the iPhone shortly after the iPhone's release. Whereas Apple cherry-picked pre- and post-iPhone devices to make Samsung look like a dirty thief, Samsung showed that it had iPhone-like designs even before the iPhone came out:
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Samsung said Apple was the one that stole the iPhone:
Samsung was not allowed to show certain evidence that Apple was inspired by Sony when building the iPhone, because the evidence was submitted too late in the legal process. But Samsung still had a bit to show the jury, including this 2006 e-mail from one Apple executive to another referencing "Sony-style" design:
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So, there you go. Testimony is scheduled to end this Friday, and this is what will be left:
Jury instructions will be discussed Monday, closing arguments are scheduled for Tuesday, and after that the jury will have a lot to mull over. Whichever side loses will probably appeal. You didn't think this was actually the end, did you?
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ArsTechnica
Apple v Samsung Judge at wits end asks if lawyers are smoking crack
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ArsTechnica
Samsungs argument that it didn't copy the iPhone and iPad in pictures
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