Apple-Samsung Trial is trying patience of Judge Koh
It seems that the trial going on between Apple and Samsung in San Jose it becoming one of strange twists coming out of the courtroom. Judge Koh is having to deal with two large law firms which are adept at producing huge volumes of paper and tearing down their opponent at any opportunity. And they have been trying the patience of the Judge in the case which has resulted in some strange reports of discussions from the courtroom. One of them has the Judge asking each party to go back and try and negotiate a settlement again.
The Judge in this case has been trying to handle both parties who seem to be pulling every trick out of the book to get their way in the trial. And much of the information coming out in the trial has hurt both parties. The Judge wants both parties to make another attempt at resolving their differences and come to some resolution in the patent infringement case they have against each other.
“If you all had wanted is to raise awareness that you have IP [intellectual property] on these devices, messages delivered,” Koh said, adding that the two sides had also been able to validate and tout the “external valuations” of their IP through the courts. “In many respects, mission accomplished. It’s time for peace. If you could have your CEOs have one last conversation, I’d appreciate it.”
While both sides have indicated they will pass the request on to the respective CEO’s, it does not seem like there is going to be any agreement from either party in this case. And it is making it difficult for the Judge because of just how determined each side is at winning their case. And her frustration has been showing at times because of what seems to be how unreasonable the lawyers seem to be.
“Judge Lucy Koh has grown increasingly irritated with lawyers on both sides of the ongoing lawsuit between Apple and Samsung, but she hit a new boiling point on Thursday when Apple presented her a 75-page list of potential rebuttal witnesses for the four hours it has remaining in the trial.
“This is ridiculous,” the San Jose Mercury News reports Koh as saying. “Unless you’re smoking crack, you know these witnesses aren’t going to be called.”
And this is not the first time the Judge has come very close to losing her composure. This case is close to wrapping up and going to the jury next week. At that point, the jury will get the case and deliberate as to a decision. Getting the jury instructions completed is another one of those trying situations for Judge Koh.
There is nothing at all unfair about denying relief to one party but not the other when the one but not the other springs into action long after any rational person would say it could have done so. The court has bent itself into a pretzel accommodating the scheduling challenges of this case. But at some point the accommodation must end, lest the hundreds of other parties in civil rights, Social Security, and other cases also presently before the undersigned and presiding judge might reasonably ask: what makes the parties in this patent case so special?
The Judge in this case will be very glad when this case is over. There are many waiting to see what the outcome will be on this and the impact to both parties. We should have an answer within a few weeks.