backtop


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



Comments     Threshold


This article is over a month old, voting and posting comments is disabled

By MrBlastman on 8/17/2012 1:12:55 PM , Rating: 2
Sometimes they just have to be fed poison with hope they'll die and go away. :P


"We shipped it on Saturday. Then on Sunday, we rested." -- Steve Jobs on the iPad launch














botimage
Copyright 2014 DailyTech LLC. - RSS Feed | Advertise | About Us | Ethics | FAQ | Terms, Conditions & Privacy Information | Kristopher Kubicki