The big patent infringement trial between Apple and Samsung kicked off earlier this week in a California court. With infringement claims pending against both huge tech companies, billions of dollars are at stake.
The trial can be quickly summarized by glancing at the first few lines in each company’s pre-trial brief. Apple says that Samsung is on trial because it made a deliberate decision to copy Apple’s incredibly popular iPhone and iPad devices. For its part, Samsung says that the suit exists because Apple has sought to unfairly stifle legitimate competition, thus limiting consumer choice in a highly profitable segment of the tech industry.
But before any of the meat of the case can be heard, both sides need to agree on where to sit in court, something that is proving far more complicated than you might imagine. Samsung has complained that its case against Apple is being referred to as Apple v. Samsung, which the company is suggesting could lead the jury to see it as the defendant in the patent suit. Samsung points out they are not just sitting on their hands, defending claims by Apple, oh no, they are busy lobbing bombs of their own and have filed a countersuit against Apple.
Given the countersuit, Samsung’s lawyers have asked for permission to switch seats with Apple’s lawyers when it’s their turn to present evidence. The point, they say, is to ensure that the jury is clear about who is suing whom. The filing by Samsung said:: “Both parties will at times be acting as plaintiffs and both as defendants, and it is therefore important that both parties are treated the same.”
Samsung suggested that both parties should be treated equally with regard to where they sit in the presence of the jury while presenting their cases. Samsung’s proposed musical chairs would, they claim, “mitigate any prejudice to Samsung that may result from Apple being in closer proximity to the jury throughout the trial.”
Apple, unsurprisingly, disagreed. The company said that Samsung’s request to sit nearer to the jury is both unnecessary and inconvenient. Apple went on to say that it is the plaintiff in the case, not Samsung, as it was the first to file a complaint. Apple requested that it be made clear that Samsung be referred to as a “defendant-counterclaimant.”
Judge Lucy Koh issued a final ruling on the issue, hoping to move things along, which denied Samsung’s request for musical chairs. However, Judge Koh did not leave Samsung empty-handed, she made sure that the sign outside the courtroom has been adjusted to read both Apple v. Samsung and Samsung v. Apple.
Source: “Samsung, Apple Even at Odds Over Where They Will Sit at Trial,” by Ina Fried, published at AllThingsD.com.
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