Apple v Samsung Trial: Transcript of John Quinn’s Opening Statement For Samsung Made Public

On April 3, Apple made a motion to present evidence that it in fact does practice the ‘959, ‘414 and ‘172 patents. The motion is in response to Samsung’s opening statement, and presents a complete transcript of the statement (see Exhibit 1, which begins on page 16 of the pdf and runs for 69 pages). Previously I published a rough trial report based upon notes I took in court, but people should now look to the complete transcript. I also published rough trial notes for much of the testimony of Apple witness Philip Schiller. I am not aware of any publicly available official transcript for the Schiller testimony.

Why an Early Transcript?

The reason for Apple’s filing was discussed by Philip Elmer-DeWitt, and of course by Apple in the filing itself. In its opening statements, Samsung argued that Apple did not practice the ‘959, ‘414 and ‘172 patents. Samsung told the jury that both Apple and the court told them that. Apple appears to be contending that this is a sort of posture that was agreed upon by the parties but not somehow a statement of fact. It is difficult to understand.

This appears to have created an opportunity for Samsung to argue that if the patents are so important, why isn’t Apple practicing them? And, if the iPhones don’t practice those patent claims and yet they achieve a great user experience, doesn’t that show that acceptable alternatives to the patents exist – that you can achieve usability without infringing?

The stipulation in itself appears to be related to a desire to pare down the size of the case – perhaps for judicial economy. It also may be true that in electing not to claim that they practiced the patents, they Apple inoculated itself from a challenge to the validity of the patents. At least for the ‘414 patent, there is a previous quote from Judge Koh in Law 360 that would appear to support that. And Mr. Elmer-DeWitt also indicates Apple may have agreed in order to avoid validity challenges.

We’ll be watching this closely to try and figure it out. But for now, as Florian Mueller reported,  Judge Koh denied Apple’s request for corrective action, but asked that briefs on the matter be submitted by the morning of April 4. So perhaps we will hear about it on Sunday night or Monday morning.

In any event, it was in support of it’s filing that Apple included the transcript of Samsung’s opening statement. And that transcript is now available to the public.
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