Lucy Koh, the presiding judge for Apple Inc. (NASDAQ:AAPL) vs. Samsung Electronics Co., Ltd. (LON:BC94) patent infringement case, ordered both the tech giants on Sunday that their lead counsel meet in person to hammer out the joint jury instructions. According to FOSS Patents’ blog, the District Judge Koh was disappointed by the inability of Apple and Samsung to resolve the disagreements regarding what set of instructions the jury must follow in deciding the case.
“The Court is disappointed by the parties’ respective reports regarding their meet and confer efforts on final jury instructions. Lead trial counsel shall meet and confer in person today and file joint and disputed final jury instructions by Monday, August 13, 2012 at 8 a.m.” said Lucy Koh.
So far, both parties have failed to come up with a joint set of instructions outlining the agreements and disagreements. Apple and Samsung, both are accusing each other of hindering the jury instruction process. In a filing on Friday, Apple Inc. (NASDAQ:AAPL) claimed it is doing every bit to advance the process but “Samsung has stymied those efforts.”
Within a few hours, Samsung Electronics Co., Ltd. (LON:BC94) disagreed to Apple’s statement and said, “(Samsung) 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 further says that Apple Inc. (NASDAQ:AAPL) had “agreed to only two complete instructions drafted solely by Samsung.”
Both parties have different claims and strategic objectives, therefore, the disagreements are likely to remain until the judge resolves it through a ruling. Apple also claims that Samsung Electronics Co., Ltd. (LON:BC94) has destroyed certain pieces of evidence, dating all the way way back to 2004.
Judge Koh told Apple Inc. (NASDAQ:AAPL) in a separate order, that its “Offer of Proof Regarding Evidence of its iPhone and iPad Advertisements” has been denied, because the court considers a motion for leave, as a motion for reconsideration.
“The Court construes “Apple’s Offer of Proof Regarding Evidence of Its iPhone and iPad Advertisements” (ECF No. 1602) as a motion for leave to file a motion for reconsideration. The Court denies Apple’s motion for leave because the motion does not meet the requirements for leave to file a motion for reconsideration as set forth in Civil Local Rule 7-9(b). Accordingly, Apple may not file a motion for reconsideration.”
Samsung will bring its witnesses on Monday. The trial will continue throughout the week, and though we can’t predict anything, the scenario seems to be going in favor of Apple Inc. (NASDAQ:AAPL).
