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Sheetal.Pandey
Whenever Apple and Samsung fight on patent, Intel cannot be avoided. Hope we see ...
timemerchant
Intel has been wanting to make silicon for Apple so long that the ...
Sparks fly as Intel shows up at Apple case
Rick Merritt
8/14/2012 1:13 PM EDT
SAN JOSE – Intel made a surprise appearance at the Apple vs. Samsung patent infringement case Tuesday morning, asking the judge to throw out an expert witness for Samsung who had looked at Intel source code. Samsung claimed Intel was assisting Apple by disrupting the Korean giant’s case.
Samsung informed Intel Monday night it would call an expert witness who reviewed some of the x86 makers source code, an Intel attorney claimed. Samsung countered it had let Intel know as early as January it might call the witness.
Under questioning by Judge Lucy H. Koh, the witness—identified as Dr. Williams—said he did not inform Samsung or Intel of some possible conflicts of interest. Williams said he was under non-disclosure agreements in multiple public and private proceedings
“We got the expert copy last night dated April 23,” said an Intel attorney. “We believe Dr. Williams should be precluded from testifying on Intel source code,” he said, pointing to a court agreement Samsung had to notify Intel of any possible source code disclosure in the case.
“Dr. Williams is not going to testify to today,” Judge Koh said after several tense exchanges among the attorneys and the witness. “The expert admitted he did not disclose all the conflicts of interest he has in competitive NDAs,” she said.
The witness’ situation is “not unusual--its competing confidential obligations,” a Samsung attorney argued.
“I know this comes up frequently [but] if the shoe was on the other foot, you would be here complaining just as much--trust me you would,” Koh told the Samsung attorney.
“Intel is closely aligned with Apple in this case, and the notion they are surprised at the last minute [notice…they are] disrupting our trial and come in the day before” Williams would testify, the Samsung attorney said.
“Why did you not let them know [about Williams] before last night” the Judge asked.
“I don’t know why,” a Samsung attorney said.
“I want to see papers, I don’t trust what any lawyer tells me in this courtroom,” Koh said, deferring a ruling until formal briefs are submitted.
Samsung informed Intel Monday night it would call an expert witness who reviewed some of the x86 makers source code, an Intel attorney claimed. Samsung countered it had let Intel know as early as January it might call the witness.
Under questioning by Judge Lucy H. Koh, the witness—identified as Dr. Williams—said he did not inform Samsung or Intel of some possible conflicts of interest. Williams said he was under non-disclosure agreements in multiple public and private proceedings
“We got the expert copy last night dated April 23,” said an Intel attorney. “We believe Dr. Williams should be precluded from testifying on Intel source code,” he said, pointing to a court agreement Samsung had to notify Intel of any possible source code disclosure in the case.
“Dr. Williams is not going to testify to today,” Judge Koh said after several tense exchanges among the attorneys and the witness. “The expert admitted he did not disclose all the conflicts of interest he has in competitive NDAs,” she said.
The witness’ situation is “not unusual--its competing confidential obligations,” a Samsung attorney argued.
“I know this comes up frequently [but] if the shoe was on the other foot, you would be here complaining just as much--trust me you would,” Koh told the Samsung attorney.
“Intel is closely aligned with Apple in this case, and the notion they are surprised at the last minute [notice…they are] disrupting our trial and come in the day before” Williams would testify, the Samsung attorney said.
“Why did you not let them know [about Williams] before last night” the Judge asked.
“I don’t know why,” a Samsung attorney said.
“I want to see papers, I don’t trust what any lawyer tells me in this courtroom,” Koh said, deferring a ruling until formal briefs are submitted.
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rick.merritt
8/14/2012 1:57 PM EDT
Update: Intel will not ask for Samsung witness to be thrown out, but will ask for sanctions on Samsung.
Judge re request to throw out Williams: “I would never have granted that, it would be too extreme.”
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dblaza1
8/14/2012 4:00 PM EDT
Rick, what was behind this testimony that made this so rancorous?
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rick.merritt
8/15/2012 12:25 AM EDT
Apparently there was an agreement in place that Intel would be notified if anyone scheduled public testimony involving experts reviewing its source code that related to the case, something Samsung failed to do in a timely manner.
The nature of the source code and testimony is still unclear, but I suspect we will hear the details Weds. or Thursday.
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iniewski
8/14/2012 7:13 PM EDT
"I want to see papers, I don’t trust what any lawyer tells me in this courtroom" - I love this statement by the judge!
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goafrit
8/15/2012 1:01 PM EDT
Does it mean the trial lawyers are entertainers for the jury if the judge cannot trust them?
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iniewski
8/15/2012 1:08 PM EDT
I guess lawyers have to influence the jury as much as possibly...but whatever means available ;-)
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goafrit
8/15/2012 1:03 PM EDT
This case is simple: Samsung is Intel's competitor. Samsung is Apple competitor and yet customer. If Samsung is destroyed, Apple brings the uP production to Intel. So, Intel has an incentive to side with Apple.
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timemerchant
8/16/2012 11:18 PM EDT
Intel has been wanting to make silicon for Apple so long that the Apple/IBM/Motorola PPC alliance failed. Even Apple could not get Intel to differentiate the x86 to give them an advantage like the Thunderbolt I/O exclusivity for a year or so. Samsung is pretty big, and even with the dodgy Intel vs AMD history, they are not going to just disappear. I don't know why they don't stop shipping silicon to Apple like Intel did to DEC and Intergraph during their patent disputes.
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Sheetal.Pandey
8/17/2012 7:13 AM EDT
Whenever Apple and Samsung fight on patent, Intel cannot be avoided. Hope we see other players soon.
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