Samsung accuses Apple of leaning on expert witnesses

Samsung accuses Apple of leaning on expert witnesses

Summary: Samsung has accused Apple of meeting with experts that provided evidence to court in Australia, and convincing two of the three experts to change their minds.

TOPICS: Legal, Apple, Patents, Samsung

Samsung counsel Katrina Howard has opened the second week of hearings on the patent dispute between Apple and Samsung in Australia by accusing Apple's lawyers of covertly meeting with experts, in order to change their minds on evidence already provided to the court.

An expert report on the three 3G patents that Samsung claims Apple infringed upon in the iPhone 4, iPhone 4S and iPad 2 was finalised on 1 August. However, Howard today told the court that at 10pm AEST last night, Samsung was served with a "joint errata expert report" seeking to change the views that two of the experts originally expressed.

Howard said that Samsung was aware of Apple lawyers meeting with at least one of the experts to change his mind, although two ultimately revised their views.

"Apple's lawyers convened a meeting, and the expert was asked to reconsider his views," Samsung's Howard told Justice Annabelle Bennett.

Howard said that the errata report should not have been filed last night — and that if two of the experts have changed their views since the original report was filed, they should testify as to why.

"If the experts want to change or qualify the report, this should be subject to sworn evidence ... explaining how and why they came to change their opinion," she said.

"We should be permitted to cross-examine them on how they came to change."

Howard said that Apple's interference would affect what the court is referring to as the "hot-tub" process, whereby the experts are brought to court together to give evidence and be cross-examined at the same time. The practice is designed to allow the judge to compare and contrast the views of different experts at the same time.

"Lawyers should not interfere in the process of the expert report," Howard said. "It affects the integrity of the hot-tub process."

Bennett disagreed, saying that Samsung could cross-examine the witnesses about their changes of opinion during the hot-tub process.

"The course that I propose to adopt is that I receive the joint report, and whatever changes there are ... that are not formally agreed, we will deal with those when the experts get in the witness box," she said.

Apple counsel Steven Burley played down the controversy, stating that the two-page errata report only made two minor changes to the original report.

Howard took Bennett through a number of affidavits provided by experts in 3G technology this morning, explaining how exactly the iPhone 4, iPhone 4S and iPad 2 infringe on three of Samsung's 3G patents.

Topics: Legal, Apple, Patents, Samsung


Armed with a degree in Computer Science and a Masters in Journalism, Josh keeps a close eye on the telecommunications industry, the National Broadband Network, and all the goings on in government IT.

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  • How many expert opinions can $40,000,000,000.00 buy.

    How many expert opinions can $40,000,000,000.00 buy.
    • Ask Samsung

      • That old knee...

        ... Just keep on jerking, eh, Pete.
        I must admit I enjoyed your posts more when you at least TRIED to present a rational argument.
        • What's so different about his argument

          vs the poster he was replying to? Perhaps the focus of his bias?
          • That would be my guess

            It's alright to make unfounded accusations as long as it's not against radleym's OEM of choice.
    • I'm free all week.

      I'm good at changing my mind as the argument swings around. Is it just me that wonders if there's any value in an expert witness that changes their mind? Just shows their view isn't expert at all.... merely their view at a point in time. I suppose the trick is to record the view that suits your argument then clamp their mouths shut.
  • Not a big winner for apple. Changing at this point weakens their expert

    status. Whatever they changed they should have known a week ago if theyre really experts. So it was either fact based or samsungs experts should be easily able to explain it away.
    Johnny Vegas
    • This is malaign attack from Samsung

      First, both parties meet with experts, this is normal practice.

      Second, there is nothing to support Samsung's claim that Apple "asked" experts to change their mind.
      • Spot the zealot !

        There can only be ONE opinion from an expert witness. They cannot change their mind. It's called 'being bought' and 'corrupt'. There is nothing wrong with changing your mind but it's called 'being wrong in the first place', and ever so slightly reduces credibility from anything to nil. They now have little credibility no matter what they changed their mind on. Fact !

        Yours aint much higher by the way !
        • Considering you have none of the facts,

          would you care to back up your claims of 'being bought' and 'corrupt'? For all we know new information was presented to the expert which changed their minds. Can this affect their credibility, of course if they can't explain it in under cross. But it most definitely doesn't even remotely mean they were bought or corrupt. I am guessing though that if they had changed their mind in favor up Samsung then you would have considered them wise and upstanding experts right?
  • This Bud's for you

    I don't usually have a lot of sympathy for judges, but having to sit through hours of testimony from dueling experts almost makes me want to buy the judge a beer.
    Robert Hahn
  • Another bit of proof that Samsung's case is shaky

    1) The public released of previously rejected "evidence" that Apple copied Sony's designs... IF that was indeed the case then why hasn't SONY sued Apple?

    2) The claim that the Samsung F700 was released prior to the iPhone and that Apple copied THAT design... which was debunked.

    And now

    3) Apple is leaning on expert witnesses... doubtful. Possible but doubtful.

    I love it how all of you Apple haters jump on the Apple is evil bandwagon without even looking at the fact that in this Apple might be right. You refuse to even consider that Apple can be right. And yes I say that I could be wrong, that Apple could have stolen designs. I doubt it but I'm willing to accept that it is a possibility.

    Personally I wonder why those experts changed their views...
  • That isn't even plausible to them

    You know that a hater could never even consider that Apple might be right. There isn't a single person here that has enough knowledge of the evidence to make a claim one way or another. I guarantee you that they have both done wrong here or there but what business (at that level) hasn't.