updated 09:15 pm EDT, Sat March 29, 2014
Claims Apple products shown in video would be 'prejudicial'
Ahead of its second patent battle with Apple in a case set to open on Monday, Samsung is objecting to a US government video intended to instruct jurors on how patents are granted. The video, which has been updated since the first Apple-Samsung trial, now shows some Apple products -- leading Samsung attorneys to claim showing it would be "highly prejudicial," as it would leave jurors with the idea that Apple products are innovative enough to be patentable.
The video, made by the Federal Judicial Center, was "carefully crafted, in consultation with judges and members of the bar, to present a balanced view of the patent proces." However, judges are still advised to "review it carefully and consult with counsel before deciding whether to use it in a particular case," notes AppleInsider.
A number of Apple products are seen in the video, though in some cases Samsung is objecting to the appearance of an (outdated) Apple notebook that is simply carried and used by an actor playing an inventor of a different device. There are portions, however, where Apple products are seen as examples of products that "inspire other inventions" and at one point in the video "the requirements that a patent be new, useful and non-obvious are shown on the screen in front of a still image of an Apple computer."
The vast majority of computers shown in the video, including those used by the Patent Office employees themselves, are Windows PCs. Judge Lucy Koh, who also presided over the first Samsung-Apple patent trial, will rule on Samsung's objections (and any objections filed by Apple attorneys) ahead of the formal start of the trial.