Judge scolds Apple, Samsung as decision nears

SAN JOSE, Calif. – Apple and Samsung lawyers both got a dressing down from Judge Lucy Koh as the clock ran down on their high-profile patent infringement case here.

In the morning session, Koh chided Apple attorneys for sending her a 75-page briefing on 20 outstanding witnesses. “Unless you're smoking crack, you know these witnesses aren't going to be called when you have less than four hours," Koh said, according to an online report.

Koh has limited both sides to 25 hours in front of the jury. Both have used up the majority of that time, with Koh pressing them to finish testimony by the end of the week.

Samsung has used up more of its time than Apple, much of it in cross-examining Apple’s witnesses. The Korean giant rested its case that Apple infringes five of its patents today, then declined to cross-examined several Apple witnesses who claimed those patents were invalid.

“Samsung made a strategic decision to spend more time cross-examining Apple’s witnesses than Apple used to present its case,” Koh said, noting Samsung spent about 14 hours in cross exams.

“You have to make a calculation and be disciplined…so I don’t find Samsung was prevented from bringing in witnesses,” she added.

Apple has just less than four hours to finish its rebuttal case; Samsung has about 45 minutes left on its clock. The companies are expected to make closing arguments Tuesday.

In the afternoon, Apple called university professors who testified Apple did not infringe four of the patents Samsung used in its case. They also argued those patents were invalid citing earlier patents and handsets that used similar approaches.

In addition, Apple’s vice president of procurement testified briefly that it buys the cellular baseband chips used in most iPhones and iPads for Intel at prices ranging from $7 to $12. Samsung said Apple should pay it royalties on its 3G patents used in those chips of up to 2.75 percent of the sales price of the handsets and tablets or about $430 million.