Apple Vs Samsung: Judge's Patience Is Running Thin
August 16, 2012

Apple Vs Samsung: Koh Asks Both Parties To Wrap It Up

Michael Harper for — Your Universe Online

The roller coaster trial between Apple and Samsung is winding down as each side burns through their allotted 25 hours given by Judge Koh to make their case. Recently, Koh has even generously expanded this time to include some extra arguments either side feels are important to the case. It´s becoming quite clear, however, that Judge Koh´s patience is running thin with either side, leaving her crying for mercy from the smartphone makers.

By the end of the day Wednesday, nearly 10 hours of arguments remained, less than three for Samsung and less than 7 for Apple, and yet, both companies still have live witnesses and video depositions to present to the court.

Once this ten hours is spent, the dueling tech titans will have 2 hours each to make closing arguments on Tuesday. Then, the jury will have to listen as Judge Koh reads aloud to them 100 pages worth of jury instructions, making for a rather long day for the poor, poor jury. They´ll have a 3-day weekend, however, to prepare for the grueling week.

In fact, Koh is making absolutely certain that arguments are wrapped up this week and the court gets their three-day weekend, saying, “The evidence is concluding this week. I´m not waiting until Monday.

As such, the witnesses have been reduced to giving simple “no” or “yes” answers from the legal teams as they rush through their questioning and cross examinations.

Apple and Samsung are now chipping away at their arguments, picking and choosing which witnesses they should call and which video depositions they should play. With less than 7 hours remaining in their arguments, Apple has yet to make their case that Samsung has violated antitrust law by not making their FRAND patents available to all.

Though time is running low and Judge Koh´s patience is clearly at its breaking point, the stakes for this case remain high. Either outcome could carry some weighty repercussions for either company, both in terms of market share and profits and in reputation and public opinion.

Before the case can be settled, of course, Judge Koh has her work cut out for her.

Once the legal teams for either company decide who they are going to call to the stand and make their cases, they´ll then have to settle some extemporaneous legal matters, such as which evidence can be used and the final instructions given to the jury. Samsung´s attorney´s even mercilessly reminded Judge Koh of all the extra work they´d yet to do at the end of the arguments.

“Please don´t do this to me,” Koh said. “I´ve cried uncle.”

The judge then pleaded with the legal teams once again to slim down the number of filings they have against one another, a plea Koh has made before, months before the trial made it to court.

Compared to Apple and Samsung´s “legions of lawyers,” judge Koh said, “there is just a human limit to what a rag tag (group) can do.”

“I´m trying to do this as expeditiously as humanly possible.”

Koh even asked the companies once more to reach a settlement, warning that any outcome of the trial could potentially harm the companies.

Arguments should come to a close this week, and if life has ever been kind to Koh, she´ll find herself on the beach come Monday, cold drink in hand.