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Apple & Samsung continue to trade blows in historic patent trial

Week two of the patent trial between Samsung and Apple kicked off yesterday, and the proceedings are no less dramatic.

A Samsung lawyer on Friday had to explain why he took several Samsung execs to the courtroom after hours, which is against the rules. Apple, meanwhile, continued to object to pieces of evidence Samsung plans to use during its cross examination of Apple witnesses.

Apple's objections focus on four of its expected witnesses: trademark expert Hal Poret, IP consultant Kent Van Liere, marketing expert Russell Winer, and computer science professor Ravin Balakrishnan.

Apple does not want Poret to have to comment on an Apple trademark application that the court already threw out, and it objects to the use of statistics that were "presumably ... calculated by Samsung's lawyers."

When it comes to Winer, Apple accused Samsung of basically putting words in its mouth and "overemphasizing text" from a trademark registration. Apple also wants an exhibit tossed because it depicts the apps screen from a Droid Charge, which was not on the joint exhibit list.

Apple also accused Samsung of trying to "ambush" Balakrishnan with source code that Apple has not had time to review, which Apple said could violate an earlier ruling regarding source code. This, Apple said, is part of "Samsung's hide the ball strategy."

Apple also objects to Samsung bringing up a declaration that Balakrishnan made regarding a separate HTC case. "This exhibit is deeply confusing and will mislead the jury as to issues in this case, and should be excluded," Apple said.

Samsung has its own objections to Apple evidence, like a consumer survey conducted by Poret - particularly the use of the word "recognition" as it relates to Apple's iPhone and iPad trade dress. But Apple, not surprisingly, argues that the results are relevant.

Samsung also objects to the use of the word "dilution" regarding Van Liere's testimony, doesn't want Winer to be able to use a report from another expert, and wants a document that Apple says proves its copying of the "bounce back" feature thrown out.

Samsung Courtroom Visit

Meanwhile, after Samsung last week avoided being sanctioned for providing trial material to the press, a lawyer got into some hot water for taking several execs to the courtroom before their testimony.

Christopher Stretch, an attorney with the law firm of Quinn Emanuel Urquhart & Sullivan, took five prospective Samsung witnesses to see the Ceremonial Courtroom on 2 August. It was locked, so he had a court staffer let them in, where they remained for 10 minutes.

"All of the Samsung witnesses ... are from Korea or the Netherlands, and none had ever seen the inside of a United States District Courthouse before," Stretch wrote.

"I was unaware of any prohibition against visiting the Ceremonial Courtroom when trial is not in session," Stretch continued. "Had I been aware of such prohibition, I certainly would have followed it. I apologise for any inconvenience this caused to the court personnel."

As patent blogger Florian Mueller noted, "in and of itself, this incident wouldn't mean much. But after the first trial week one can't help but wonder why Samsung breaks all sorts of rules that Apple manages to comply with."