With mere hours of testimony time remaining on both sides, the lawyers involved in Apple v. Samsung are rushing to squeeze in as much information as possible, while the judge and jurors grow weary of the ongoing trial and its never-ending mountains of paperwork.
"You want me to do an order on 75 pages tonight? When, unless you're smoking crack, you know that these witnesses are not going to be called?" Judge Lucy Koh shouted at Apple's counsel Thursday after they filed a long list of witnesses they were attempting to call in for Apple's last four hours of witness testimony.
Although Apple attorney Bill Lee assured Koh that the majority of those witnesses would in fact be called and that the testimony would be timed precisely to fit within the company's remaining hours, the judge told Lee he was being unreasonable.
Both sides rushed through witness after witness on Thursday, beginning with a string of Samsung expert witnesses testifying that Apple is indeed infringing on Samsung's 3G patents. One expert, Vincent O’Brien, said that Apple owed Samsung approximately $22.8 million in “reasonable royalties,” likening each patent to a $1 app you would purchase from the App Store in order to use.
A second expert, David Teece, acknowledged that no company is currently paying Samsung for the use of these 3G patents, but still estimated that Apple owed Samsung up to $399 million in royalties from iPhone and iPad sales.
Apple called 12-year company veteran Tony Blevins, vice president of procurement, to talk about the iPhone and iPad's baseband processor -- the device part that Samsung says infringes its patents. Blevins testified that Apple purchases its baseband processor from Intel and Qualcomm. Apple also called former Apple software engineer Emilie Kim, who attempted to illustrate how the photo and camera apps in iOS differ from the method described in one of Samsung's utility patents.
Apple and Samsung have been embroiled in a jury trial in San Jose federal court for three weeks. Apple claims that Samsung is infringing on its iPhone and iPad design patents, as well as utility patents covering a range of different iOS user interface features. Samsung, meanwhile, asserts that Apple is violating intellectual property covering essential 3G transmission-related technologies. The trial is expected to conclude by the end of August, but on Wednesday, Judge Koh urged both parties once again to reconsider settling out of court.
