Judge Koh to Apple Lawyers: Are You "Smoking Crack"?
August 17, 2012 9:45 AM
comment(s) - last by
(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. (
) 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. (
), 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,
a courtroom reporter for
, "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 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. (
) subsidiary Motorola which Apple presented to
Judge Richard A. Posner
Seventh Circuit Court of Appeals
judge moonlighting in the
U.S. District Court, Northern District of Illinois
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.
This article is over a month old, voting and posting comments is disabled
8/17/2012 2:29:00 PM
Indeed, I would love to be on the jury for a major tech patent trolling smack-down from the likes of Apple, Oracle or Microsoft.
Sadly... anyone that has a clue about technology will likely be disqualified immediately.
8/17/2012 3:50:08 PM
Yup. They look for people who are clueless and easily impressionable. If you can actually think in a logical manner and draw your own conclusions they do not want you.
8/20/2012 12:16:25 PM
Yeah basically. That's how jury selection works nowadays. The constitution says that you should get a jury of "equals" but nowadays they look for a jury of idiots. Is the idea that juries need to be entirely without preconceived notions really so good? Only people who are idiots or have no intellectual curiosity are going to be without notions of their own going in. If juries are populated by idiots, winning lawsuits is going to be all about making the best emotional appeals and presenting the most compelling illogical arguments possible in court.
"Young lady, in this house we obey the laws of thermodynamics!" -- Homer Simpson
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