“Judge Lucy Koh has been going increasingly terse with both Apple and Samsung as the trial continues, and she just let Apple have it after receiving a 75-page briefing,” Bryan Bishop reports for The Verge. “The document covered 22 potential rebuttal witnesses the company might want to call after Samsung finishes presenting its case. Nearly shouting, Koh laid into Apple, asking why it would present such a lengthy document ‘when unless you’re smoking crack you know these witnesses aren’t going to be called!'”
Bishop reports, “Apple attorney William Lee stepped forward, saying “First, your honor, i’m not smoking crack. i can promise you that.” The company’s legal team agreed to pare down the document, with attorney Michael Jacobs claiming that the company didn’t mean to burden the court — and that it truly believed it would be able to run through all of its witnesses in the time it has remaining. Jacobs also pointed out that some of those addressed in the document were Samsung’s witnesses, not Apple’s. As the discussion continued, Koh grew even more frustrated, telling the parties that the conversation would come at the expense of their trial time.”
Read more in the full article here.
MacDailyNews Take: This is some judge we’ve got here.
If only human IQs were 10 points higher across the board. God’s cruel joke.
Are we calling a United States District Judge stupid? Why, yes, yes we are.
Related article:
Judge urges Apple and Samsung to settle ahead of verdict – August 15, 2012
She must have something better to do than her job …. Well she could certainly do anything better than her job.
All she does all day, every day is bitch about not wanting to be there and telling both sides to hurry so they can stay within the artificial 50 hour limit she put on this. Koh is a laughing stock. Worse than judge Ito…
No, both Apple and Samsung’s attorneys are being ridiculous in what they want to do at trial. 22 rebuttal witnesses, some of which are Samsung witnesses, is completely unnecessary. That’s a pure waste of the court’s time, and the reality of trial is that the jury will be bored to death.
When the jury is bored, they resent being there day after day. That resentment grows until they stop properly evaluating the evidence and testimony once they get the case and simply want to make a decision so they can go the F home.
Unfortunately this is a common problem with today’s litigation. Attorneys think that if they cover every little detail, every minutiae so completely, so thoroughly, that there’s no way they can lose. The reality is that the jury is then tasked with sifting through mountains of testimony, documents, and endless droning of pointless questions.
Apple and Samsung’s attorneys have forgotten that short and sweet can often win the day over long, longer, and most boring.
She has South Korean parents after all!
This is what happens when a RINO gets elected.
I didn’t realize they had a hard deadline for how long the trial will take. I knew it seemed they had a timeline, but a specific number of hours?
25 hours each.
Right to a speedy trial. Run amok! This paring down of complaints (to appease her honor) plays hugely in Samsung’s favor, since we here on the MDN site (trolls aside) know that what constitutes copying is the total number of little things, not taken individually.
The right to a speedy trial only applies to criminal cases, not civil litigation.
In any case, a speedy trial refers not to the trials duration, but to have a trial start in a resonable time. And all judges, in concert with the lawyers establish a time frame. Else the jury would have to plan on a never ending harangue. Also the next trial on the docate has to plan as well. This is not the stupid congress, they cannot fillibuster for months.
Why Judge? You want ‘sum smack?!
I like judges that take a tough stance on both sides in a case, it keeps attorneys from taking too many liberties which they will if you don’t (look at Samsung). If the judge only went after Samsung, they could argue there was bias on the part of the judge, who has to appear impartial.
totally agree. samsung is making a list, and checking it twice, for declaring bias for apple and filing for a retrial. they have noted day after day items that would be used to prep their case.
it is funny, though, to see how “experts” in the law responding here, see her as an opponent of clear headed law while pushing their own agenda about politics.
I think she’s making too many “value” judgements with no basis. For example, after all this time, she tells them to have a another discussion to settle because this is going to turn out bad for one of them.
Really? That’s what they’re THERE for, for it to come out really badly for one of them. 🙂 just get on with the trial so everyone can
A) create the next great thing that’s not based on Apple’s patents or
B) continue to copy Apple
I don’t understand a lot about the process (never even served jury duty) but it seems to me like she has an idea about how she wants it to turn out and she’ll be darned if it comes out any differently.
She needs to get laid.
I nominate you for that chore.
no thank YOU!
On a relatively intelligent forum, that is the most repugnant comment I’ve read in the past 10 years.
Grow up.
Well then you sure haven’t been coming to MDN for the past 10 years. Sounds like you could stand to get laid yourself Nancy.
If that was her best go at humor………it didn’t work.
She’s just another of BHO’s wonderful judiciary nominees. No wonder she’s such an idiot.
Obama nominated Lucy Koh who was recommended by California Senators Barbara Boxer and Dianne Feinstein.
There’s a disaster waiting to happen if there ever was one. The only thing worse would have been if Maxine Waters, the nation’s first mentally retarded congressperson, had chimed in.
I am sure a tea bagger like you has an undergrad and JD from Harvard…stop with the political bs.
Unibomber Ted Kaczynsk is a Harvard alumnus.
I could go on, but no need: my point is perfectly made as usual.
Next!
What you are saying is that Unibomber is/was an idiot. He may have been many things, but one thing he definitively is NOT is an idiot. The guy was extremely intelligent, brilliant mathematician, with highest education. Obviously, mentally, he was elsewhere…
As usual, your point perfectly misses (by a light year)…
But you gotta love a judge who asked overpaid attorneys that question, I don’t care whose side you are on.
Remember, the attorneys get paid to make the first rejected draft and then they get paid to go back and fix it.
And Koh gets payed to basically do nothing all day every day for 9 months out of the year- then complains about the few hours she actually has to work.
Hey, hey, you two: Be nice. They’re people, too. They have country club functions to attend just like the rest of us.
LHOaL!!
IQ tests (and most psychometric tests) are bullshit; Feynman for example had a self-reported IQ of 125 (high, but still less than 2 standard deviations away from the mean, and by no means a “genius”, at least according to psychometric proponents out there).
In terms of the judge, I’d settle for someone less jaded and cynical. She should recognize that Samsung’s vile lies require a significant amount of repudiation, hence the long witness list.
It sounds like SHE is the one that might be on crack.
The trial may have been difficult, but she should order a day or two of rest if she’s tired, not lose control.
But a day or two of rest only prolongs the length of time she has to put up with Quinn and crew.
All these judges seem to be arrogant assholes.
Your honor… My ass!
No wonder the legal system is fucked up!
The dumb bitch can’t read a lengthy document. Is there a way to get a real judge in there that isn’t an asshole?
Judge Koh was assigned a trial that no judge wanted. These trials require extraordinary courtroom management and the patience of Job from a Judge. She knows that her every remotely questionable action will be appealed.
She also knows that unless she keeps a tight time and behavior reign on the attorneys, that the bad behavior will escalate into a never-ending circus performance, as attorneys match tactic with tactic, including improper, and ethically questionable agressiveness. Tit for tat. That is their job…it is the judge’s job to keep it under control, so the jury has a rationale chance of reaching a good verdict which will stand the appeals.
Dude, you’re never gonna edujumacate the unwashed masses here. Everything they know about the law they learned from TV and their parole officers.
Lawyers … billable hours, Judges not so much.
Stay classy, Lucy.
The degradation of America continues with abandon.
It doesn’t seem so much that she is stupid as lazy. She wants a nice simple trial where she doesn’t actually have to do any work or read anything. She is missing all her soap operas!
Reminds me of what I always thought of Bush.
Funny, I thought he WAS the soap opera
I thought even MDN admits that Apple Legal are boneheads. So if Koh is calling bullshit than more power to her. Even Apple lawyers are still lawyers.
US-natives, please explain to me as a German: Why she has still to be called “your honor” by the lawyer after such personal attacks? What is in the American law that a judge can speak this way?
As much as I dislike lawyers at all, She would lose her position at least for this trial within minutes as unprofessional and misbehaving person. Please be so kind to explain, I really do not understand. Thanks!
Its a formality like please and thank you. An evolved ‘social’ convention.
Alhough they aren’t required to address her as ‘your honor’, it’s customary and if they were to flaunt it disrespectfully they’d be at risk of ‘contempt of court.’
Heck, maybe the reporter missed the dripping sarcasm: What the lawyer actually said was “No, you’re on ‘er” But he kept a straight face and everyone heard what they wanted to hear.
Lmfao!
That would be “flout”, not “flaunt”. “Flout” is to openly disregard. “Flaunt” is to show off.
Low or lack of standards is my opinion. I’ve seen other judges and attorneys in other countries act with high levels of dignity and professionalism.
I think all professionals, not just in law, ought to act this way. Americans don’t need to adopt “ghetto” standards. Just because you have a right of free speech and so forth, doesn’t make it attractive to degrade yourself.
In the military, you salute the rank, not the individual. In this case you are showing respect for the position, not the person in that position. We also have a similiar tradition with respect to the President. Only the current office holder is called President, all others are calle ex-President so-and-so.
I’m not sure it’s a exactly a law, but it is part of tradition dating back to colonial English law courts, and even earlier. Along with the black robes and gavel. I believe that court decorum in Germany requires addressing the judge as “Herr Vorsitzender”.
The judge in any courtroom is responsible for maintaining the dignity, order and decorum of the trial, including between the attorneys and court and between the contending parties. As with many cases, I think Judge Koh forgot that she is supposed to maintain a level of decorum as well. As to why the Apple lawyers cannot retaliate, well, she’s the one with the gavel and bailiffs, and can find him in contempt if she doesn’t like his attitude.
As my mother used to say “Them acting like an *ss is no excuse for you to do so too.”
Two days ago, when she laid into Scamdung, everyone here thought Judge Koh was great.
If she’s pissing both sides off, she doing her job. That, and these overpaid lawyers make their money cranking out more paper than a Charmin factory. It’s all bullshit, and she has to read it all, know it’s bullshit, I’d be pissed too.
Time to grow up folks.
When she attacks professionals in that manner she is not representing her position nor her profession well. One of the first things handled in any trial is the rules for the trial: They all agreed to the rules beforehand, so this outburst is seriously uncalled for. She could have handled her disbelief that Apple could examine that many witnesses in the remaining time much more calmly and professionally than she did. I applaud Apple’s counsel for maintaining civility when confronted by immature behavior.
“I applaud Apple’s counsel for maintaining civility when confronted by immature behavior.”
—-
A number of regular posters here on MDN deserve some applause too, then 🙂
I don’t think she laid it on Samesung’s lawyers quite this way.
And she’s pretty much guaranteeing an appeal by the way she’s behaving, so why not just let it breeze through to the next guys if she’s tired of it.
Let’s be sure here any criticism of the judge is about her performance, not her gender. OK?
You’re the one who brought it up.
Well, this is going straight to appeal no matter who wins…
I bought a Samsung TV back in 2008. I really like it. Samsung better like it, too, because it’s the last product I’ll (directly) ever buy from them again.
Indirectly, unfortunately, I buy from them *in* Apple products. Oh, the irony…
I’m so glad I live in Canada. A Canadian judge saying anything approaching such an outrageous remark would be forced by the independent judicial council, her peers and by the bar associations to resign immediately and a mistrial declared. She’d probably keep her pension just to avoid widening the scandal. I guess Yanks don’t care if the administration of justice falls into dispute!
Get Her Attention By Say No Matter What The Out come Apple Is Donating 1 Billion To Such And Such Campaign, She Cant Be Removed But Can Be Impeached, The Pressure Will Be Catastrophic By End Of Day It Wouldn’t Put A Dent In Apple
Gee what a professional she is.
I dislike Samsung and believe they stole…
that said as I’ve mentioned when the trial started i don’t think it’s going to be easy or a good result for apple because:
1) America (which includes the Judge and Jury) and most of the world do NOT respect arts or design and therefore do NOT VALUE DESIGN PATENTS.( Look at our education: How many scholarships for Sports, how many for Painting, Sculpture etc? Ever see a High School tout it’s Ace Sculpture or Computer Graphics Team?)
what the population has learnt is Art and Design (i.e apple’s design treasures) = No Value.
Apple was probably the only big tech company that had a designer Ive in a top position equal to the engineers (like Forstall) and salesguys. Look at the shitastic products made by Dell, Samsung etc before they copied apple. That difference for apple was because of Jobs who studied calligraphy etc in school.
The General Public INCLUDING Judges and juries do NOT understand how much work a designer like Ive spend agonizing even on a single screw or the shape and color of an icon.
(I’m an artist and designer myself. Few people appreciate how much work a designer puts into his work for example trying 50 shades of green for a logo: does the green look washed out in the sun if painted on trucks or billboards, does it reproduce correctly on dinky 4 color newspaper printing machines etc. Steve Jobs who tried dozens of blacks for his Next computers can understand it, few others including Judges can).
We can see it clearly when Judges say apple has valid design patents yet do not enforce it (“consumer choice over rides low value Design Patents’) or dismiss it by allowing samung etc to make minor changes like adding a thin aluminium bezel (Galaxy Tab in Europe. All the work Ive and his team can be copied if you put an aluminum bezel around it!).
In fact the Judge in England was so frustrated by Apple’s ‘frivolous waste of the courts time’ he put a fantasitc punitive punishment on apple saying that apple must apologize to Samsung in ads in Print!
http://blog.gsmarena.com/uk-judge-orders-apple-to-run-ads-saying-samsung-did-not-copy-ipad/
2) as for the Utility Patents, America is already moving away from a manufacturing base and few people have an understanding of manufacturing anymore. Looking at other cases juries don’t really understand frand patents for example vs the patents apple have.
As in most of the other cases around the world, I want apple to win but it don’t look good. Even if it wins the judgement will probably be some ‘samsung can sell with an aluminum bezel addition’ and ‘both parties should share their patents’ as has happenened in other cases around the world.
I think Judge Koh does NOT see BILLIONS in damages case BUT a case that can be solved with a 2.00 aluminium bezel so “Don’t Waste My Time”.
Koh is one stupid fuck. Dump this bitch.