updated 05:39 pm EDT, Thu April 3, 2014
Company insists it continues to practice certain patents
As a part of the ongoing second Apple v. Samsung trial, Apple has filed a motion asking to show evidence Samsung was deceptive in its opening statements. During those statements, lawyers repeated a view that Apple doesn't actually practice several of the asserted patents. Apple insists that it "has practiced and continues to practice the '414, '172, and '959 patents," and that it can show evidence that will "correct the false impressions created by Samsung's counsel."
Both parties have made controversial statements. Lawyers for Apple for instance argued that they could assert many times the patents they have against Samsung, a statement which could be seen as prejudicial and at least potentially inaccurate.
The motion filed today quotes a pre-trial order by District Judge Lucy Koh. "Apple may present the invention story of [the '414, '172, and '959] patents, but may not contend that it practices the patents," the quote reads. "Apple may not rebut any Samsung contention that Apple products constitute an acceptable non-infringing alternative to the '414, '172, or '959 Patents by contending that Apple practices an unasserted or asserted claim of the '414, '172, or '959 Patents." Apple says that it complied with this order, and "expected that Samsung would also comply with the Court's order during trial and would state, at most, that Apple does not contend that it practices the '414, '172, and '959 patents or that the jury would see no evidence that Apple practices those patents."
Preliminary jury instructions only included the the fact that Apple doesn't claim to practice the patents. Samsung attorneys suggest that this is Apple admitting that three out of the five patents it's suing over haven't been in the iPhone, and never have been.