Judge Tells Apple And Samsung To Play Nice And Pare Down Their Suit
May 3, 2012

Judge Tells Apple And Samsung To Play Nice And Pare Down Their Suit

Michael Harper for RedOrbit.com

As the war continues between frenemies Samsung and Apple, Judge Lucy Koh has once again told the two tech behemoths to shorten their respective lists of complaints about one another.

The two companies have until Monday to further reduce their list of disputes against one another so a jury of ordinary people can understand what they are fighting about and judge the case in one trial as opposed to many long and arduous trials.

A joint statement filed on Tuesday detailed the newer, slimmer list of disputes the companies have against one another. They include: 16 patents, 6 trademarks, 5 “trade dress” claims and 1 anti-trust case. A total of 37 products are accused in these violations. When their case finally goes to court, each company will have 25 hours to present their cases to the jury.

Not good enough, says Koh.

“I think that's cruel and unusual punishment to a jury, so I'm not willing to do it," said Judge Koh, according to IDG. "If you're going to trial in July, this is not going to be acceptable."

The case is set to go to trial on July 30, but unless these companies can tighten up their complaints against one another, Koh says the trial could be delayed until next year.

Apple says they were the only ones in the fight who wanted to bring the case to court on time. Harold McElhinny of Morrison & Foerster, the attorney representing Apple, said they did most of the work to reduce the number of disputes in the case.

"We will do whatever we need to do to hold the trial date," McElhinny said.

Apple may have done all they could to adhere to a deadline, but they´ve also made their share of requests to the court.

In the same joint statement filed on Tuesday, Apple asked the company to obscure any Samsung logo that would appear on a court screen. As it turns out, the court uses Samsung brand electronics, and Apple is worried that a jury would see the court as sympathetic to the Korean company if their logo is shining bright in the courtroom.

Additionally, Apple has asked the court to exclude any arguments or evidence based on quotes from their late founder and CEO Steve Jobs in his best-selling biography by Walter Issacson.

It is likely the company doesn´t want Samsung to make any references to Jobs´ “thermonuclear war” against Google´s Android operating system, which runs on some of the devices involved in the case.

Not to be outdone, Samsung has also asked the court to exclude any report or evidence from any Apple related blogs, and articles by non-expert newspaper reporters.”

Apple first sued Samsung in April of 2011 for allegedly copying the look and feel of their products, particularly iPhone and iPad. Both Tim Cook and Choi Gee-sung have agreed to attending the pre-trial settlement talks in order potentially reach an agreement out of court. In their earnings call last week, Cook said he´d rather solve things out of court, saying, “"I would highly prefer to settle versus battle.”

"We just want people to invent their own stuff."