Apple accuses Samsung lawyers of stalling in court
Apple's legal counsel believe their efforts for an expedited trial in their patent infringement suit against Samsung are being held up by Samsung's uncooperative attorneys.
Apple is preparing a motion to compel Samsung to present more evidence in its case in a California court. But according to Florian Mueller of FOSS Patents, Apple can't bring that motion until it holds a "meet and confer" between its lead counsel and Samsung's.
Samsung's lead counsel, Charles Verhoeven, is in Washington D.C. representing Motorola at a hearing at the International Trade Commission against Apple, and will be involved in hearings until Dec. 16. And by the time Verhoeven returns, it will be too late for Apple to have its motion against Samsung to be heard by the end of 2011.
In August, the court granted Apple's wish for an expedited trial. Currently, the trial is scheduled to start on July 30, 2012, but that date could be pushed back if the case isn't trial-ready.
"There are two timing issues here," Mueller wrote. "The primary issue is that Samsung is, according to Apple, uncooperative with respect to the production of evidence. The second one is that the unavailability and inflexibility of Samsung's lead counsel now prevent Apple from tackling the primary issue through a motion to compel."
In a filing with the court, Apple noted that Samsung has produced very little evidence of late. Apple said Samsung has only produced 71 documents totaling 241 pages since Oct. 13, while Apple has provided over one million pages to the court.
Apple's attorneys said once they receive the documents from Samsung, the Korean-language filings will need to be translated, technical materials and source codes will need to be analyzed, and a detailed history of more than 30 accused Samsung products need to be assembled before Apple's attorneys can travel to Korea and begin depositions.
"If Apple does not receive production of the core design, marketing, and technical documents sought in the motion to compel well before January 2012, Apple's ability to conduct meaningful depositions and properly defend its own witnesses in depositions will be unduly compromised."
Apple's attorneys now hope that Judge Lucy Koh will grant them relief from the meet-and-confer requirement, allowing the lawyers to bring their motion to compel immediately. The Apple legal team hopes that the court will be able to hear the motion on or around Dec. 16, giving them the ability to move forward and potentially meet their own deadlines.
Apple first sued Samsung in April, accusing its rival of copying the look and feel of its popular iPhone and iPad products. Samsung has fired back with its own patent infringement allegations, and the legal battle has since spread across the globe, with each company filing lawsuits against the other in numerous countries.
Apple is preparing a motion to compel Samsung to present more evidence in its case in a California court. But according to Florian Mueller of FOSS Patents, Apple can't bring that motion until it holds a "meet and confer" between its lead counsel and Samsung's.
Samsung's lead counsel, Charles Verhoeven, is in Washington D.C. representing Motorola at a hearing at the International Trade Commission against Apple, and will be involved in hearings until Dec. 16. And by the time Verhoeven returns, it will be too late for Apple to have its motion against Samsung to be heard by the end of 2011.
In August, the court granted Apple's wish for an expedited trial. Currently, the trial is scheduled to start on July 30, 2012, but that date could be pushed back if the case isn't trial-ready.
"There are two timing issues here," Mueller wrote. "The primary issue is that Samsung is, according to Apple, uncooperative with respect to the production of evidence. The second one is that the unavailability and inflexibility of Samsung's lead counsel now prevent Apple from tackling the primary issue through a motion to compel."
In a filing with the court, Apple noted that Samsung has produced very little evidence of late. Apple said Samsung has only produced 71 documents totaling 241 pages since Oct. 13, while Apple has provided over one million pages to the court.
Apple's attorneys said once they receive the documents from Samsung, the Korean-language filings will need to be translated, technical materials and source codes will need to be analyzed, and a detailed history of more than 30 accused Samsung products need to be assembled before Apple's attorneys can travel to Korea and begin depositions.
"If Apple does not receive production of the core design, marketing, and technical documents sought in the motion to compel well before January 2012, Apple's ability to conduct meaningful depositions and properly defend its own witnesses in depositions will be unduly compromised."
Apple's attorneys now hope that Judge Lucy Koh will grant them relief from the meet-and-confer requirement, allowing the lawyers to bring their motion to compel immediately. The Apple legal team hopes that the court will be able to hear the motion on or around Dec. 16, giving them the ability to move forward and potentially meet their own deadlines.
Apple first sued Samsung in April, accusing its rival of copying the look and feel of its popular iPhone and iPad products. Samsung has fired back with its own patent infringement allegations, and the legal battle has since spread across the globe, with each company filing lawsuits against the other in numerous countries.
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"There are two timing issues here," Mueller wrote. "The primary issue is that Samsung is, according to Apple, uncooperative with respect to the production of evidence. The second one is that the unavailability and inflexibility of Samsung's lead counsel now prevent Apple from tackling the primary issue through a motion to compel."
Dear Apple Lawyers:
When you declare that the game is going to be hardball, don't expect the other side to use a whiffle bat.
HTH.
i keep reading how TSMC is screwing up their 28nm upgrade and it doesn't bode well for the A6 being made by them
Samsung's lead counsel, Charles Verhoeven, is in Washington D.C. representing Motorola at a hearing at the International Trade Commission against Apple
How is that not a conflict of interest? Don't Samsung and Motorola consider themselves
to be competitors?
when this s#it is going to stop?!
Lawsuits between technology companies have been going on for as long as there have been technology companies. It's only now that Apple sites like AppleInsider and MacRumors have decided to put every little move on the front page.
How is that not a conflict of interest?
They're both fighting against Apple. Sounds more like an alignment of interests?
Samsung's lawyers aren't stalling, they're still trying to figure out which is the Galaxy Tab and which is the iPad.
Probably closer to the truth than not...
But Apple send over 1M pages, let see how fast Samsung can go through that to find what is truly relevant. Apple is playing the inundate them with too much information and Samsung is playing do not share any information.
Samsung's lead counsel, Charles Verhoeven, is in Washington D.C. representing Motorola at a hearing at the International Trade Commission against Apple
How is that not a conflict of interest? Don't Samsung and Motorola consider themselves to be competitors?
And I also don't see how "We're busy suing Apple, so we don't have to appear in court to defend against Apple's lawsuit" is an excuse either. FURTHER, I don't see how the court will accept Samsung's claim to only have one lawyer.
Dear Apple Lawyers:
When you declare that the game is going to be hardball, don't expect the other side to use a whiffle bat.
HTH.
Exactly....
So basically Apply is pouting when the other side uses the legal system it it's full advantage....
then, there may be some cooperation.
And I also don't see how "We're busy suing Apple, so we don't have to appear in court to defend against Apple's lawsuit" is an excuse either. FURTHER, I don't see how the court will accept Samsung's claim to only have one lawyer.
it's not that the counsel wouldn't appear, it's more like that it is physically "impossible."
the question is whether that impossibility is created with bad faith.
i really hate who did it first argument but really apple shouldn't have accused of samsung so negatively and pissed them off.
then, there may be some cooperation.
Blame the now dead Steve Jobs.
How is that not a conflict of interest? Don't Samsung and Motorola consider themselves
to be competitors?
I believe Motorola also is one of Samsung's larger clients (#6 or #7 - after Sony, Apple, HP, Dell, Verizon)..
Lawsuits between technology companies have been going on for as long as there have been technology companies. It's only now that Apple sites like AppleInsider and MacRumors have decided to put every little move on the front page.
hmm... well, if so, then I can only say that it doesn't look good on the first page. At least, I don't like it.
But Apple send over 1M pages, let see how fast Samsung can go through that to find what is truly relevant. Apple is playing the inundate them with too much information and Samsung is playing do not share any information.
Not surprising : both tactics have proved to be very efficient to reach the same effect ....
when this s#it is going to stop?!
As soon as you closer your browser. Remember, it's an ongoing lawsuit, AppleInsider is just reporting on it 15 times each day
Exactly....
So basically Apply is pouting when the other side uses the legal system it it's full advantage....
I see, a mutual admiration society among trolls. Good riddance to both of you.
As soon as you closer your browser. Remember, it's an ongoing lawsuit, AppleInsider is just reporting on it 15 times each day
Exactly. That why I'm removing AppleInsider from my RSS feed. I get several notifications about damn lawsuits that I could care less about. This isn't AppleLegalInsider
I see, a mutual admiration society among trolls. Good riddance to both of you.
what of those two comments you referred to is trollish?
Also, what do you think the establish internet definition of troll is?