apple-versus-samsung

A federal judge in California has refused a request by Samsung that will have doubled the length and enhanced the complexity of a highly expected trial in which the company will lock horns with Apple over smartphone and tablet PC patents.

Judge Lucy Koh of the U.S. District Court for the Northern District of California, in San Jose, had already told both sides they would be permitted no more than 25 hours to present their respective cases of patent violations and could show no more than 125 exhibits.

Samsung sued on Monday asking for double that amount of time, up to 400 exhibits per side and no limit on the number of witnesses it could call.

Koh had already combined two cases, Apple’s had already sued against Samsung and a counter attacked has been come to see when Samsung sued against Apple. In its latest motion, Samsung had indicated that the case was complex and required more time in court.

Apparently frustrated, Koh reminded attorneys of Samsung that she had permitted the two cases to be combined so that Samsung would not initially have to answer Apple’s charges on a purely defensive basis. With the cases together, both sides might be on the offensive in a single case before a single jury.

 That second trial, which would deal only cases of Samsung against Apple, would begin some time in August or September, Koh said.

“What is it that you do not know now that leads you to believe you require unlimited witnesses and 400 exhibits? What’s it?” Koh asked a Samsung’s lawyer.

 “If you maintain after 4 p.m. on Friday, I am going to celebrate,” according to Koh, reminding the companies they would also be responsible to pay the jury fees for Monday.

The hearing was held as Apple was reporting increasing sales of both iPhones and iPads in the April-to-June quarter. The company told iPhone sales complete 26 million and iPad sales soared 84% compared with the same period of last year.

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