April 19, 2012
Court To Lock Apple, Samsung In Their Rooms Until That Can Play Nicely Together
Michael Harper for RedOrbit.com
According to a joint court filing, the two CEOs are willing to participate in this peace summit of sorts as they settle their disputes. Each CEO will be joined by their respective legal counsel.
Tim Cook of Apple and Choi Gee-sung of Samsung will attempt to settle some of the patent issues the two tech rivals have been having.
At the very least, the court filing has asked the two companies to limit the number of wrangles they have. The filing stated: ”The parties are evaluating whether to request summary judgment on any issue, and if either decides to file a dispositive motion, the parties will list in the next Case Management Conference Statement the grounds for any such motion. With rebuttal expert reports due today, the parties expect that after the completion of expert discovery and the narrowing of the case through the meet and confer process, which already has begun, they will be in a better position to narrow the summary judgment issues as well.”
Specifically, Apple and Samsung will decide if they want to bring every patent they´ve listed into trial or if they want to settle some on their own. They will also agree on whether or not to allow expert testimonies from one another in trial.
While preparing for the court cases, Apple had expressed intent to challenge the admissibility of some of Samsung´s testimony. According to Apple, some of these testimonies weren´t filed in time and used new arguments that had yet to be disclosed.
Samsung, however, had yet to decide if they would file motions against Apple´s experts, though they reserved the right to do so on the same grounds as Apple. In fact, Samsung had claimed much of Apple´s expert testimony was based on opinion rather than fact.
According to court documents, Samsung says Apple had uses topics “not at issue” in the action.
“For example, one of Apple´s experts opines on the “cultural significance of Apple design” – a topic not at issue in this action and his report is replete with his personal subjective opinions, such as “Apple´s attention to design allows people a feeling of symbiosis with their electronic tools, creating a feeling that one´s device is an extension of oneself” and anecdotes about his vacation in Spain. Another Apple expert opines about the fact that “Apple is 'known for design," and has “design in Apple´s DNA," again, testimony that is not “expert” in any sense.”
For their part, Samsung said they hoped these new discussions between CEOs would render much of these arguments of testimonies moot.
With both of these companies agreeing to meet with one another and hash out some of their disagreements in person, it appears the rivals are willing to throw out some of the arguments in order to end up with fewer, yet stronger points.
According to an email to the courts, Samsung says each company has already begun to work with one another in order to set up this meeting. “Each party is committed to reviewing its claims and potential witnesses and continuing to meet and confer next week.
The parties plan to submit weekly reports to the Court each Monday prior to the May 2 conference reflecting the progress made to date. Because expert discovery is scheduled to end on April 27, 2012, the parties jointly request until April 30 to file our joint Case Management Conference Statement setting forth the result of this process, in advance of the May 2nd Case Management Conference.