Print 95 comment(s) - last by BifurcatedBoat.. on Aug 22 at 4:14 AM

  (Source: Comedy Central)
As with Motorola case, Apple is starting to get on the judge's nerves in its case against Samsung

Like a boss, Apple, Inc. (AAPL) went out and poured money into recruiting top tier legal representation to sue its rivals.  In U.S. District Court for the Northern District of California, this synergy seemed on the verge of succeeding after Apple's lawyers micromanaged to exclude certain high profile pieces of evidence from rival Samsung Electronics Comp., Ltd. (KSC:005930), while allowing its own star exhibits.  But it appears that yet again Apple is brushing off on its attorneys, as they've found a way annoy yet another judge.

After enduring the seeming harassment of a 75-page briefing requesting 22 rebuttal witnesses for next week, presiding Judge Lucy Koh changed her tone, no longer looking to give Apple any courtroom promotion.  In fact the filing had Judge Koh inquiring whether Apple attorneys had been busy scoring some coke.

She asked Apple why they would present her the document "when unless you're smoking crack you know these witnesses aren't going to be called!"

But Apple attorney William Lee insists that he wasn't looking for the free crack giveway, commenting, "First, your honor, I'm not smoking crack. I can promise you that."

He argued that a couple of the witnesses on his lists were Samsung's.  As Samsung and Apple's legal teams then fell into a noisy legal argument, she exclaimed, according to a courtroom reporter for The Verge, "I'm billing time because you all are being unreasonable."

Judge Koh had already pushed both sides to cut down on the time of their arguments, saying the court could not devote itself to being a full-time Apple v. Samsung court.  Apple tested the waters last week, asking Judge Koh to allow a rebuttal witness, designer Susan Kare, after its early design witnesses had struggled under cross-examination.

Judge Koh
Judge Koh has grown increasingly frustrated with Apple's attorneys during the lawsuit against Samsung. [Image Source: IB Times]

But Apple said Ms. Kare couldn't return to court until next week due to "family matters".

Irritated, Judge Koh told Apple's team that unless Ms. Kare could come this week, she wouldn't be coming at all.  But Apple's lawyers apparently couldn't take the hint, requesting  even more witnesses for next week on Thursday.

That kind of belligerent filings and judicial frustrations strikes eerily similar to that encountered in the case against Google Inc. (GOOG) subsidiary Motorola which Apple presented to Judge Richard A. Posner, a Seventh Circuit Court of Appeals judge moonlighting in the U.S. District Court, Northern District of Illinois (Chicago).

Judge Posner initially seemed inclined to listen to Apple's infringement claims, but after Apple insisted on appealing every single decision -- even its own victories -- with a slew of junk filings, his sentiments shifted sharply.  With both sides quibbling and unable to reach a settlement, he decided the best course of action was to toss out both sides' cases.  He dismissed the lawsuits "with prejudice".

As Judge Koh experiences a similar "eye opening" experience regarding Apple legal's policy of irritating filings, one has to wonder whether Apple v. Samsung might face a similar fate.

Source: The Verge

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By cyberguyz on 8/17/2012 12:00:27 PM , Rating: 5
+1 to judge Koh!!

She has restored my faith in the judicial system.

By amanojaku on 8/17/2012 12:28:38 PM , Rating: 5
My faith will be restored if she rules in favor of Samsung.

By MrBlastman on 8/17/2012 12:42:30 PM , Rating: 5
I'd love for her to do that--but I really want to see a ruling in favor of the justice system to end these shenanigans completely. I yawn whenever I see one of these lawsuits now. What ever happened to:

Make a better product, sell more units and win!

It died the day the first lawyer was born.

By seamonkey79 on 8/17/2012 1:03:24 PM , Rating: 4
I want her to sit them down, tell them to put on their big boy pants and compete in the market, and let the best 'copier/innovator' of the two win.

By paydirt on 8/20/2012 10:22:50 AM , Rating: 1
Apple needs to find a rare breed of lawyers, ones that do not drag out cases to drive up their fees.

By superstition on 8/17/2012 11:10:27 PM , Rating: 1
Exactly. I think companies should be able to copy anything they want to. Get rid of patents.

By Reclaimer77 on 8/18/12, Rating: -1
By lagomorpha on 8/20/2012 7:37:17 AM , Rating: 5
Second, there can be no 'prior art', this needs to be the first implementation of that device in use. If this invention is already in use, it cannot be patented (except by the original inventor). This is constantly missed in the software industry.

Really hope some judge realizes this and suddenly decides to rip up ALL of Apple's design patents in one broad stroke.

By superstition on 8/20/2012 7:33:32 PM , Rating: 1
Along with all patents.

Let companies copy anything they want to.

Oh, wait... No... let's just get rid of Apple's patents. Apple is bad any other companies are good!

By augiem on 8/17/12, Rating: 0
By Tony Swash on 8/18/12, Rating: -1
"If a man really wants to make a million dollars, the best way would be to start his own religion." -- Scientology founder L. Ron. Hubbard

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