At the end of a long trial day, US District Court Judge Lucy Koh, who’s been the presiding justice over the course of both pre-trial and actual trial, urged that Apple and Samsung speak together to try and resolve their differences out of court before the jury comes back to deliberate on the evidence that has been presented by both sides this week and last.
“It’s time for peace,” Koh said, adding, “I see risks here for both sides.”
The suit, if you’re unfamiliar with the case, was originally brought to court by Apple, who claims that Samsung has copied its iPhone hardware and software design to a patent-infringing level, “wholesale.” Samsung counter-sued, claiming that Apple in fact stole patents and design from Samsung, and besides, everyone does it.
This is the middle of the third week of the trial in Northern California court, and Judge Koh made her remarks for out of court settlement talks before bringing in the jury. Of course, both companies have participated in mediation talks before the trial, several times, which came to no fruition; hence, the court trial.
The attorneys for both Apple and Samsung said, predictably, that they would pass along the message.
I’m assuming that both companies will ignore the Judge’s suggestion until it becomes more of an order, as bringing a case of this magnitude to trial is an investment of both monetary and human capital, not to mention the potential for damaging customer goodwill along the way. These companies seem committed to the current litigious course.
Samsung continued its evidentiary presentation today, with both expert and designers for witnesses, including Dr. Andries van Dam, a pioneer in computing graphics and a long-time professor at Brown University, patent analyst Stephen Gray, and Samsung industrial designer who helped design the Galax line of tablets, Jin Soo Kim.