Motions continue to be filed this week leading to jury selection.
The legal battles between Samsung and Apple have been going on for well over a year. And they are showing no signs of letting up at this point. The patent infringement claims between these two have escalated all over the world, but the real deciding case is set to begin on Monday, July 30th. That is the day when jury selection will begin and then the case will be heard in a Northern California courtroom. This one was originally filed by Apple on April 11, 2011 with Samsung filing a counter lawsuit within a few days. All of this is continuing in the press and in the courts with this past week has been no exception.
One of the more interesting filings this week was one done by Samsung where the parties are going to actually be sitting in the courtroom and how they will be addressed. Much like the peace talks in the North and South Korean war when they wasted time trying to figure out where everyone was going to sit and what the table was going to be, Samsung is trying the same tactic to throw off Apple. Since they are both suing each other for patent infringement, they are both defendants and plaintiffs. And based on that, neither should have the advantage of sitting at the plaintiffs table during the entire trial. When each side is presenting their case, they should be at the plaintiffs table. Interesting tactic at this late date.
The other one is that neither side should be addressed as plaintiff or defendants, but rather as claimants. This is all part of the normal pretrial maneuvering that goes on between attorneys in a case. And with this case, the stakes are very high. While this case could probably be settled between the parties, both sides want their day in court. And their day in court will be expensive. Apple’s legal team is costing about $582 per hour with Samsung’s legal team costing about $821 per hour. The damages that each side is asking for are far into the billion dollar range, so a lot is at stake.
Apple filed a motion for Samsung to determined guilty for destroying evidence, which the Judge did agree to. Samsung has now filed one against Apple for doing the very same thing. Both sides seem to be filing all these motions against each other and there will probably be more today. With jury selection on Monday, it may be a feisty time of getting a jury seated to hear the case. Once done, we can expect to see the case resolved by late August or early September.
While the decision on this will have a huge impact on the losing party, it is pretty much a guarantee that it will be appealed. There are some bigger issues as well. Much of this involves the US Patent Office and our patent system in general. There are abuses as to how things work in the system and the courts are clogged with cases regarding patent infringement. We can all hope that the outcome of this trial is one that brings about positive change in the US Patent system.