As reported last month, Apple CEO Tim Cook and Samsung’s CEO, Gee-Sung Choi have met today, May 21, in court to settle disputes on legal matters pertaining to several patents allegedly infringed. But according to FOSS Patents, court filings from both parties reveal that Samsung is accusing Apple’s so-called trial experts of “slavish adoration” and that their witnesses are part of a “cult-like” following associated with the Cupertino-based giant. FOSS Patents added that both Samsung and Apple have filed motions to dismiss claims, strike theories and exclude testimony of expert witnesses hired by the opposing party last Thursday.
Samsung’s introductory paragraph reads, “Apple’s damages expert, Terry L. Musika, writes in his report that ‘Apple has built a considerable and at times a cult-like following to all things Apple.’ That cult-like following apparently includes several experts who are appearing on Apple’s behalf in this case, and may explain why they have cast aside established scientific methods and governing legal principles in favor of slavish adoration of their client and platitudes about its alleged magical and revolutionary products, issues that are of no relevance to the claims and defenses at issue.”
FOSS Patents explains that the introductory paragraph attacks several Apple experts and that the one with whom Samsung appears to have the most fundamental problem is Henry Urbach, who, according to Samsung’s brief, “unquestionably is a loyal devotee of Apple, its designers, its products, and its retail stores. Samsung also objects to Urbach’s qualifications because he has admitted he has no experience in product design, or marketing, and therefore any opinions he could offer would be beyond his area of expertise.
Furthermore, Samsung also seeks to exclude the testimony of two other Apple experts, and the opinions of five more Apple experts. Apple on the other hand, questioned the qualifications of eight experts hired by Samsung for this litigation in connection with infringement, validity and damages issues. Apple went on to strike certain theories that it either considers inconsistent with Samsung’s original infringement claims. It is still too early to make our own assumptions, after all, both Apple and Samsung are still expected to file their opposition briefs soon. For now, let’s leave it into the hands of the law.