updated 09:35 am EDT, Fri April 4, 2014
Samsung attorneys claimed Apple doesn't practice patents on trial
Late on Thursday, District Court judge Lucy Koh denied an Apple motion regarding opening statements by Samsung in the ongoing Apple v. Samsung trial, reports say. A Samsung attorney was quoted as saying that "Apple admits that three of the five patent claims that it is suing on were not in that iPhone and have never been in any iPhone since. Apple doesn't consider it valuable enough to even use." In its motion, Apple insisted that it could show evidence it "has practiced and continues to practice the '414, '172, and '959 patents."
The Samsung statement was based on a pre-trial order by Koh stating that "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's position is that it followed the order, and that it assumed Samsung would at most say that Apple doesn't contend to practice the patents.