As we approach Apple's upcoming summer-blockbuster trial with Samsung, both parties were busy last week peppering the court with motions and statements. Apple is trying to keep the court focused on the big four patents it will be asserting; Samsung, however, is trying to keep the court focused on the way that other guy, Judge Posner, manhandled and cancelled Apple's big case against Motorola last month.
Will this case against Samsung actually get to go to trial? Will it be the big intellectual property victory Apple has been seeking for the past few years as it battled Android device manufactures around the globe? We don't have those answers yet, but join us for another week of Law & Apple as we review what we learned over the past few days.
Pre-trial motions and statements are the trailer before the movie; once you take it all in, you have have pretty good idea what the plot is going to be. Sure, there are surprises, but after the motions Samsung and Apple filed last Thursday, followed by their joint pre-trial statement on Friday, we can see where this case is going. Though anything can still happen with this case, based on the developments so far and the way the two parties are structuring their arguments now, it does seem like this one might go Cupertino's way.
Based on their joint statement and witness lists, it appears neither company will be calling CEOs to the witness stand. Thankfully, then, we should be spared that level of paparazzi-drama and subsequent corny photoshops in the blogosphere. There is often little to be gained from dragging the big dogs into the courtroom, and keeping this trial focused on the technical details is exactly what Apple needs to do. Complications and added media pressure can often end up being nothing more than a distraction, and Judges don't like distractions.
So Apple is planning to use its Big Four patents to target some 31 Samsung products, some of which are older, like the Galaxy II, or not sold in the United States, like the Galaxy Ace. The court may ask that Apple narrow that claim, as Samsung is requesting, and focus only on the relevant products. Apple is clearly trying to paint a large picture of longstanding theft of its intellectual property, and winning against a wide spectrum of Samsung devices would be somewhat of a knockout blow.
Aside from requesting that Apple slim down its claims, Samsung seems intent on reminding Judge Koh of how other judges have handled Apple intellectual property cases in the United States. Samsung would love for Judge Koh to ensure that any sense of a "popularity contest" in the courtroom is curtailed, particularly if she would issue a pretrial order like Judge Posner did. In looking at their statements and filings, clearly Samsung would be pleased if Judge Koh would just go ahead and emulate Judge Posner as much as possible.
Judge Koh, please be more like Judge Posner. Thanks.
These two cases, and these two judges, are very different; Apple is bringing its four most powerful patents to bear in this case, and there is every expectation that this case is going to trial. Judge Koh has been very vocal from the bench so far, has been sympathetic to Apple's positions, and seems quite intent on hearing these arguments in the courtroom. At this point, it seems we are on track for a whopper of a trial, with most of the pre-trial maneuverings falling the way of Cupertino. Whether this case results in massive injunctions, fines, or a settlement remains to be seen. As Florian Mueller of FOSS Patents points out, Apple would be very happy to simply receive a license agreement with Samsung with terms determined by the court.
Adrian writes the weekly Law & Apple column and the occasional feature story for MacLife.com. Follow him on Twitter, or subscribe to him on Facebook.
