Ina Fried

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Samsung, Apple Even at Odds Over Where They Will Sit at Trial

How deep do the disputes go between Apple and Samsung?

Well, the latest motion from Samsung concerns where each party will sit during the trial, and how each will refer to the other.

Samsung takes issue with being called the “defendant” and letting Apple be the “plaintiff,” given that both companies have claims against one another. The case concerns allegations of patent infringement, with both sides seeking royalties from one another.

“Both parties will at times be acting as plaintiffs and both as defendants, and it is therefore important that both parties are treated the same,” Samsung said in a filing on Thursday, one of dozens of documents filed or unsealed during the day.

Samsung asks the court to rule that both companies be referred to during the trial as “claimants.” It even asks that its lawyers be allowed to sit at the plaintiff’s table while it is arguing in favor of its claims against Apple.

“Equal treatment of the parties with respect to where they sit while presenting their affirmative case will mitigate any prejudice to Samsung that may result from Apple being in closer proximity to the jury throughout the trial,” Samsung said. “It will also ensure that the jury does not draw any improper inference based on disparate treatment of the parties with respect to their positions in the courtroom.”

Samsung cites in its brief other court cases where the parties have been given such treatment. AllThingsD will keep on top of this and other more pressing issues as the case heads to trial next week in San Jose.

Update: Apple filed papers on Friday objecting to Samsung’s request to play musical chairs.

“Samsung’s request to sit near the jury while it bears the burden of proof is unnecessary
and inconvenient,” Apple said in response to Samsung’s motion.”Samsung has indicated that it intends to follow Apple’s affirmative case with its own affirmative case, before defending against Apple’s claims. If the trial occurs in this order, Samsung’s request would result in table-swapping every few days.”

And not only doesn’t Apple want to give up the plaintiff’s chair, it doesn’t want to give up the title “plaintiff” either.

“Apple is the plaintiff in this case, as the caption on Samsung’s brief indicates,” Apple said. By filing a
complaint and summons, Apple became the plaintiff and Samsung the defendant. By filing its counterclaims in this action, Samsung became a defendant-counterclaimant. If Samsung wishes to be called something else, it should have tried its affirmative case separately.”

Apple versus Samsung Full Coverage


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