Judge Orders Lead Counsel to Meet in Person and Agree Upon Jury Instructions

[Akshay Masand]

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 via AppleInsider

[mallenass]

can i please say first without pissing the forum off??

[Darkflame]

I think we should just toss out lucy and have Tim Cook sit in her chair. It seems like apple is the one running the show in the court room. Lucy is just a puppet.

Sorry Samsung, the only thing that's gonna save you is the awesome technologies you put in your phone. Even if you are ripping off apple with some of their ideas the consumers thank you. Cause if it weren't for you...We'd still have 3.5inch screens and mediocre upgrades in the next iphone about to drop. Because of your efforts in forcing apple to play their better hands we're not stuck in a lame stale mate of slow progressions due to lack of competitions.

Hate Samsung all you want, but they are the reasons why apple even releases significant upgrades. Keep you're pretty round corners and rectangle screens and that lustrous black color till the end of time for all I care. Just give me the ability to use the hardware as I see fit.

[Serge96]

I think we should just toss out lucy and have Tim Cook sit in her chair. It seems like apple is the one running the show in the court room. Lucy is just a puppet.

Sorry Samsung, the only thing that's gonna save you is the awesome technologies you put in your phone. Even if you are ripping off apple with some of their ideas the consumers thank you. Cause if it weren't for you...We'd still have 3.5inch screens and mediocre upgrades in the next iphone about to drop. Because of your efforts in forcing apple to play their better hands we're not stuck in a lame stale mate of slow progressions due to lack of competitions.

Hate Samsung all you want, but they are the reasons why apple even releases significant upgrades. Keep you're pretty round corners and rectangle screens and that lustrous black color till the end of time for all I care. Just give me the ability to use the hardware as I see fit.

If Samsung didn't exist, you wouldn't be bragging about a bigger screen and you'd be satisfied with the iPhone because you wouldn't know then how a bigger screen looks like. So yes Samsung may be behind Apple's upgrades but it isn't the main reason Apple is upgrading its products

[h2a]

I think we should just toss out lucy and have Tim Cook sit in her chair. It seems like apple is the one running the show in the court room. Lucy is just a puppet.

Sorry Samsung, the only thing that's gonna save you is the awesome technologies you put in your phone. Even if you are ripping off apple with some of their ideas the consumers thank you. Cause if it weren't for you...We'd still have 3.5inch screens and mediocre upgrades in the next iphone about to drop. Because of your efforts in forcing apple to play their better hands we're not stuck in a lame stale mate of slow progressions due to lack of competitions.

Hate Samsung all you want, but they are the reasons why apple even releases significant upgrades. Keep you're pretty round corners and rectangle screens and that lustrous black color till the end of time for all I care. Just give me the ability to use the hardware as I see fit.

sorry what? your comment is a little blurry because of all the tears.

[unison999]

sorry what? your comment is a little blurry because of all the tears.

You do realize that he is on Apple's side... Unless you are for Samsung's claim then that's another matter.

[mr117]

No.

[Mrteacup]

You do realize that he is on Apple's side... Unless you are for Samsung's claim then that's another matter.

.. He's on samsungs side you know...

I agree with that one guy who said this was a benefit for technology! Samsung will now invent their own revolutionary tech instead of just using apples. And hey if they deserve it they will become the next big phone because they don't just copy apple.

Also Good job h2a Hahahaha I agree

[Anonymous]

can i please say first without pissing the forum off??

No.