Judge Orders Lead Counsel to Meet in Person and Agree Upon Jury Instructions
Judge Lucy Koh recently ordered Apple and Samsung’s lead attorneys to meet and hash out final jury instructions, a point of contention since the trial began two weeks ago. Judge Koh issued the order before the Apple vs. Samsung patent trial enters its third week. The somewhat unusual order was prompted by Apple and Samsung’s failure to resolve disagreements as to what rules the jury must follow in deciding the case. So far, the parties have yet to produce a finalized joint document that outlines the agreements and disagreements on which Judge Koh may need to resolve through a ruling.
Apple, in a filing on Friday, said it has attempted to “advance the process” of reaching some sort of consensus regarding jury instructions, but claims that “Samsung has stymied those efforts.” Just a short while later, Samsung filed a similar claim disagreeing with Apple’s assessment of the situation, saying it “has agreed to more than twenty revised instructions proposed by Apple and is continuing to review Apple’s remaining disputed instructions for any common ground.” Samsung’s filing goes on to claim that Apple “agreed to only two complete instructions drafted solely by Samsung.” Florian Mueller of FOSS Patents noted that the parties’ disagreements are unlikely to be resolved through negotiations, hinting that Judge Koh will probably have to rule on the matter. Although jury instructions aren’t required for at least a week, the Court must have time to review the disputed terms before issuing a ruling.
In another recently filed order, Judge Koh denied “Apple’s Offer of Proof Regarding Evidence of its iPhone and iPad Advertisements,” saying the Court construes it as a motion for leave to file a motion for reconsideration. Samsung objected to the advertisements’ admission into evidence but was initially overruled on the grounds that they were relevant to the question of “fame” regarding Apple’s trade dress claims. Samsung’s second objection turned out to be successful as the Court agreed with the company in finding the flips were “cumulative” and “allowed only the indices into evidence.”
Apple vs. Samsung picks up on Monday when Samsung’s first witnesses will take the stand in defense of Apple’s patent infringement accusations. Adam Bogue and Clifton Forlines will give testimony relating to Apple’s ‘915 “pinch to zoom” and ‘381 “rubber-banding” patents according to Samsung’s rolling witness list.
Source: FOSS Patents