Samsung wants to add two new witnesses to its list, Judge Lucy Koh doesn't allow

Samsung wants to add two new witnesses to its list, Judge Lucy Koh doesn't allow
Samsung is definitely not having a fun time in court these days. After a number of disappointments for the South Korean company, the presiding judge has now declined its request to add two new witnesses to its list.

The new witnesses Samsung wanted to summon are Dale Sohn, Samsung Telecommunications America President, and Hyong Shin Park, designer of the Samsung F700. However, judge Lucy Koh hasn't allowed that, because Samsung has previously refused Apple's request to produce Dale Sohn as witness, claiming that the person doesn't have any first-hand material knowledge. Hyong Shin Park, on the other hand, will not appear as a witness because the judge says he hasn't designed any of the devices that Apple claims have infringed on its patents (earlier, Apple had said that the F700 is not among the infringing devices).

It's very hard to say who's right and who's wrong in this situation, as we don't know what's really going on behind the scenes. What's your guess - is the US District Judge siding with Apple, or is she being fair?

source: Electronista

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42 Comments

1. -box-

Posts: 3991; Member since: Jan 04, 2012

I understand the rationale, but IMHO the defense should be given every reasonable opportunity to defend itself. Innocent until proven guilty!

2. u-suck-more

Posts: 529; Member since: Aug 26, 2011

usually it is guilty until proven innocent lol

27. jmoita2

Posts: 930; Member since: Dec 23, 2011

Unless you're a millionaire celebrity...or Apple; lol

7. hawke9150

Posts: 32; Member since: Jun 17, 2011

Ahhh, but in Judge Koh's court its Guilty until proven Innocent. She is still siding with Apple and doing anything she can to make sure the verdict goes thier way. We are going to see appeal after appeal until it gets to the Supreme Court and then we will see actual changes in what can and cannot be pattened

35. gallitoking

Posts: 4721; Member since: May 17, 2011

this is not the movies it doesnt work like that.. otherwise trial could take forever.. if they allow anyone on the stand..

42. johnbftl

Posts: 283; Member since: Jun 09, 2012

I actually have to agree with you for once. Neither witness would seem relevant to the case. The other issue is this isn't about guilt or innocence. It's a civil suit. In all reality, both sides are going to probably end up winning and losing. I'm sure Samsung will have to probably pay some damages, although I don't agree, but Apple is not going to get $2.75 billion.

44. anywherehome

Posts: 971; Member since: Dec 13, 2011

you have to recognize that iKoh has got money bunch!

3. Astro551

Posts: 46; Member since: Dec 18, 2011

I usually don't agree with what Judge Koh is saying but this time I'll let it slide. It's fair enough

8. phitch

Posts: 214; Member since: Mar 06, 2012

So wait, it is fair that the phone the Galaxy S had come from aesthetically should not be present just because Apple is attempting to sue for other phones instead? So instead of showing this phonehttp://www.samsung.com/us/system/aboutsamsung/content/2007/06/11/3516/l_20070208.jpg which is where their entire design for the Galaxy S had originated the judge is saying it doesn't matter? Yeah, that is fair.

11. u-suck-more

Posts: 529; Member since: Aug 26, 2011

but the fact that Samsung didnt want Apple to use Dale Sohn as witness because '' the person doesn't have any first-hand material knowledge'' and than Samsung chooses to call him as witness is really just contradictory.. so it IS fair for the Judge to reject him as a witness. and the other guy ( Hyong Shin Park ) SHOULD NOT be even called as a witness because he didn't design any of the infringing products. so the Judge is being fair in this scenario

13. remixfa

Posts: 14605; Member since: Dec 19, 2008

I would say that it seems fair based on the same criteria you mentioned. The 700 is kind of muddy waters though, because it shares a lot of the same design language of other handsets, including the SGS1. He may have designed just the 700, but he could probably also share a lot of inside knowledge on samsung's common design language and processes. On that note, I'd like to see him take the stand, but in strict terms, I understand why she denied him.

15. MartyK

Posts: 1043; Member since: Apr 11, 2012

U-Suck, What you fail to mention is the FACT that SAMSUNG is trying to prove where the Galaxy LINE cames from, thus, (Hyong Shin Park, designer of the Samsung F700) is very important to this case. Even Apple atty (Kraven) brought in a SONY device to show the jury, however, Samsung was not ALLOW to show a SONY-STYLE device APPLE created (where the iphone came from) to the jury!! Heck they wasn't even allow to show prior art with a 1969 film by Kubrik, that shows a tablet being use!. If you like I can post a link to the live blog on this trial so you can follow it!.

39. quakan

Posts: 1418; Member since: Mar 02, 2011

Iphone didn't come from a Sony device. Project Purple threw out load of BS out of the court.

45. u-suck-more

Posts: 529; Member since: Aug 26, 2011

the iPhone was not designed after a SONY product. if u read the articles PROPERLY, Apple designed it like HOW SONY would have designed something. it wasn't real phone or mp3 player. it was a sketch/prototype iPhone done by Apple by the way they think SONY would have done designing a phone. Samsung might say that F700 was their source for ''inspiration'' for the Galaxy line, but is it really? u can read about it here on GSMarena, which gives more details compared to here: http://www.gsmarena.com/google_had_warned_samsung_from_copying_apples_designs-news-4569.php http://www.gsmarena.com/samsung_wanted_its_ui_to_look_more_like_the_iphones-news-4624.php i know this is gon' get a lot of dislikes, but that is what Samsung filed for court. so..

22. phitch

Posts: 214; Member since: Mar 06, 2012

But he did design them, Samsung is trying to prove that the F700 was the reference design that they used for the Galaxy S. Just because he didn't create the Galaxy S directly doesn't mean his work on the F700 wasn't used in the production of the Galaxy S.

4. som

Posts: 768; Member since: Nov 10, 2009

If Samsung loss this trials Apple will ban all cell phones in America only iPhone is allow and $1000 per phone and 2 years contract. Samsung loss it will be an iPhone World and Judge Koh enjoy billion dollars pay check from Apple.

17. shikhar

Posts: 28; Member since: Aug 14, 2011

Open Gangnam Style!

20. MISTER.H

Posts: 167; Member since: Aug 03, 2012

Well said! but where are all the iFans and users, how come they never post or write, or say, dispute? Are the no Apple users in PhoneArena....?

34. bucky

Posts: 3771; Member since: Sep 30, 2009

I think they just don't have the time to defend against crazy droid fans that have overrun this site. Seems like the term fanboy belongs to android fans from what I can see here. Every time I look at an article here even if it's pro android or nothing to do with android, there is a bunch of nerds fighting amongst themselves.

37. gallitoking

Posts: 4721; Member since: May 17, 2011

true dat

24. JessJess unregistered

Isn't that rather extreme. And by extreme I mean extremely silly :Z

29. ph00ny

Posts: 1986; Member since: May 26, 2011

except in the legal system, example of a decision will have huge impact on future litigations

25. LostInTheRed

Posts: 85; Member since: May 03, 2012

Filmed by M. Night Shyamalan.

43. XPERIA-KNIGHT unregistered

naaaaa its not going down like that

5. fragmentation

Posts: 31; Member since: Jul 13, 2012

Judge koh FTW!!

6. tedkord

Posts: 17093; Member since: Jun 17, 2009

As far as the gentleman Samsung refused to produce at Apple's request, tough luck to Samsung. That's your own bed you made. As to the other, the designer of the F700, all evidence about this phone needs to be admitted. It proves once and for all that Apple's rounded corner rectangle was the logical evolution of the smartphone, and others came up with it concurrently.

14. ibap

Posts: 865; Member since: Sep 09, 2009

Totally agree. And since Apple is suing over "trade dress" and not just technology patents, any designer that worked on a device preceding their iPhone development should certainly be allowed to testify.

9. s.mrabet

Posts: 147; Member since: Oct 26, 2011

stupid judge!

10. MartyK

Posts: 1043; Member since: Apr 11, 2012

This Judge needs to be impeach!!

12. sp3llv3xit

Posts: 25; Member since: Sep 15, 2011

She must taste good barbecued with her own fat.

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