“Apple Inc., accusing Samsung Electronics Co. of misleading jurors at the start of a $2 billion trial over smartphone technology, lost its bid to show jurors how it uses three of five patents disputed in the case,” Joel Rosenblatt reports for Bloomberg. “U.S. District Judge Lucy H. Koh in San Jose, California, yesterday rejected the Cupertino, California-based company’s claim that it deserved the opportunity after Samsung said Apple wasn’t using the intellectual property.”
“Addressing the jury in opening arguments on April 1, John Quinn, a lawyer for Samsung, called Apple’s case a thinly veiled attack on Google Inc., whose Android operating system is used in Samsung phones, and accused the iPhone maker of exaggerating how much harm it has suffered from alleged copying of patented functions,” Rosenblatt reports. “‘Apple admits that three of the five patent claims that it is suing on were not in that iPhone and have never been in any iPhone since,’ Quinn told jurors, according to a court filing. ‘Apple doesn’t consider it valuable enough to even use.'”
“Apple yesterday asked Koh to let it show jurors how it uses the three patents and asked her to correct Quinn’s ‘false statements’ and explain the misrepresentations to jurors,” Rosenblatt reports. “Samsung, based in Suwon, South Korea, said in a filing that Apple was required to voice any objection to its argument at the April 1 opening arguments. ‘This concludes the matter, and the court can rule against Apple’s motion for this reason alone,’ Samsung said. Samsung also said that in pretrial arguments Apple gave up its right to pursue claims that it uses the patents at issue.”
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