“Late on Sunday evening by local time, Judge Lucy Koh entered an order on the parties’ objections to each other’s demonstratives (charts/slides) to be used by their expert witnesses this week, and in the same order also granted an Apple motion to exclude two Samsung witnesses,” Florian Mueller reports for FOSS Patents.
“In a motion filed on Thursday, Apple complained that Samsung had listed ‘two witnesses the substance of whose testimony Samsung failed to disclose’ on a timely basis,” Mueller reports. Apple noted that Samsung had amended its initial disclosures list four times and listed ‘nearly 100 witnesses, but [the President of Samsung Telecommunications America, Dale Sohn] was not among them.’ Only last week, Samsung communicated that Mr. Sohn ‘may testify regarding Samsung’s innovative technology and products.'”
Mueller reports, “An even bigger issue is that Samsung allegedly ‘fought tooth-and-nail to prevent Apple from taking Mr. Sohn’s deposition,’ and in doing so, Samsung argued that Apple failed to show that Mr. Sohn had any unique ‘first-hand material knowledge.’ …Judge Koh held that ‘Samsung cannot now claim that Mr. Sohn has knowledge regarding Samsung’s technology and products after refusing for months to produce him for deposition,’ and has therefore precluded him from testifying on behalf of Samsung.”
“The other witness Apple just got excluded is Hyong Shin Park, described in the order as ‘one of the inventors of the [Samsung] F700 [smartphone],'” Mueller reports. “In this case, ‘inventor’ means ‘designer.'”
Read more in the full article here.