Apple v. Samsung: Did neophyte judge Lucy Koh ‘crack’ under pressure?

“Anyone following the Apple v. Samsung patent trial has noticed the frequency with which Koh, the U.S. district judge presiding over the case, has scolded lawyers from both sides,” Greg Sandoval reports for CNET.

“The most vivid example came last week, when Apple lawyers notified Koh that they wished to cram a large number of witnesses into the remaining few hours they had to make their arguments. This would have added to the mountain of paperwork and generated more work for Koh and her staff,” Sandoval reports. “‘Come on,’ Koh told Bill Lee, one of Apple’s lawyers. ‘You want me to do an order on 75 pages? Unless you’re smoking crack, you know these witnesses aren’t going to be called.'”

Sandoval reports, “Koh is only 43, on the youngish side for a district judge, and not very experienced. She has been a federal judge for two years. Before that, she served two years as a California Superior Court Judge in Santa Clara. So as Koh prepares today to oversee final arguments in the case, a couple questions one might ask are these: did she know what she was doing, and did she mess anything up? The only things hanging in the balance are billions of dollars and possibly the future of the mobile phone and tablet businesses.”

“Koh handled patent and trade secret litigation for tech companies when she was a partner at McDermott Will & Emery in the mid 2000s. This part of her background raises the question that fans of Apple and Samsung have asked since the trial started: Is Koh biased? Does she have it in for one company or the other?” Sandoval reports. “In 2006, Koh was part of a team of McDermott lawyers that represented Creative Technology in a patent dispute against Apple, according to The Washington Post. The case was settled with Apple agreeing to pay Creative $100 million. Some Apple fans accused her of favoring South-Korea-based Samsung because she’s Korean… Nonsense, said Brian Love, a law professor at Santa Clara University. He points out that if Koh ‘were biased or had it for one company, she could have ruled against them on summary judgment.’ Instead, she is sending the case to the jury.”

Read more in the full article here.

Related article:
Judge Lucy Koh asks Apple’s attorneys if they’re ‘smoking crack’ – August 16, 2012

23 Comments

  1. the mac blogs don’t cover it, but apple played just as much legal games as samsung. like having no emails from steve jobs because they were automatically deleted

    1. You lie. Obama supporter?

      One example – Samsung did far worse with email than Apple, by the way – does not place each company on equal footing.

      Samsung has gone so far as to leak evidence that the judge deemed inadmissible in court. Samsung is using standards-essential patents (utility patents) to fight the claim that they stole Apple’s design patents. Samsung has been laying the groundwork for appeal since day one because they know they are guilty.

      1. @F2010, T2012: Why is it simply impossible for you to keep politics out of any discussion? Anyone who reads the comments on this site knows that you are a rabid Republican; you don’t need to introduce your vitriolic brand of politics into every posting. People who act like you do so much harm to the integrity of internet discussion, to civility generally, and to the political process specifically.

          1. oh yeah the Obama remark
            but that was a question…
            there’s no indication what side
            he politically stands on
            I can still vote Obama and call him a liar too

            1. What? Are you so naive as to not know his meaning and purpose with the Obama “question”?
              Even his screen name screams right wing wacko nut job who would vote against his own best interest in a heartbeat?

      2. F10T12: is there an online Republican news website where you go by the name of ‘First 1984, Then 1997’, and decide to inexplicably turn every talkback into a soapbox for Apple product evangelism?

        1. Fu, even with his first sentence, F10T12 had something to say in his posting and he did it civilly. You spew only obscenities and garbage in yours. If your effort is to bring zero respect to what you have to say and, of course, to do it anonymously, then you’ve succeeded.

      3. Big surprise that a cultist Republican would slavishly purr at the feet of another evil cult like Apple.

        Its a known fact that Republicans do not believe in fair and equal competition, they believe in lies, games, scams, and dirty tricks. Which is why you love what Apple has been doing. You cant win on the strength of your own ideas, so you steal them, and send lawyers to bully your competition into submission.

  2. While I do not think Koh is bias, at least not directly, a judge can tilt a case so that sending it to the jury gives one company much more help than the other.

    Samsung has tried and succeeded again and again to tilt the case in its favor. Each time incurring the judges anger. Yet nothing happened. Then she agreed that Apple kept info secret…. yea just like Samsung went out of its way to destroy critical info.

    So while not bias, she sure is leaning toward Samsung. Sadly.

    1. The word is “biased.” That is the word you wanted to use and should strive to use properly in the future.

      Examples:
      • “While I do not think Koh is biased, at least not directly…”
      • “So while not biased, she sure is leaning…”

      1. Hey Pet, of course you’re right about “bias” v. “biased.” The problem is that too many people actually pronounce it as “bias” with little or no clarity on the “…ed.” Those who don’t see it in print on a regular basis are likely to simply write what they hear: “bias.” Where is the fault?

        The education system.

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