Ina Fried

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Judge Koh: It’s Samsung’s Own Fault It Ran Out of Time

The judge presiding over the Apple vs. Samsung case stated on Thursday that Samsung doesn’t have the right to complain that it didn’t have enough time to argue its case.

Judge Lucy Koh said, outside the presence of the jury, that Samsung chose to use the bulk of its time questioning Apple witnesses rather than presenting its own case. By the time Apple rested its case, Koh noted that Apple had used 13 hours and 37 minutes of its 25 hours, while Samsung had used 13 hours and 50 minutes of time.

Koh said she would not entertain any motions from Samsung that it lacked time to present its case and entered her statement into the record, should the matter come up on appeal.

“Samsung made a strategic decision to spend more time to [cross-examine] than Apple used to present its affirmative case,” said Koh, who has grown increasingly frustrated with lawyers on both sides.

Samsung had to speed through its final few expert witnesses on Wednesday and, with precious few minutes of jury time left, has also chosen not to cross-examine many of Apple’s rebuttal witnesses.

Apple is finishing up that portion of the case, with the final testimony expected to conclude Friday. The court will finalize jury instructions on Monday, with closing arguments slated for Tuesday.


Apple versus Samsung Full Coverage

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I think the NSA has a job to do and we need the NSA. But as (physicist) Robert Oppenheimer said, “When you see something that is technically sweet, you go ahead and do it and argue about what to do about it only after you’ve had your technical success. That is the way it was with the atomic bomb.”

— Phil Zimmerman, PGP inventor and Silent Circle co-founder, in an interview with Om Malik