As we promised, MacTrast will bring you the latest coverage of all the “important” developments in the Apple / Samsung courtroom battle. The latest hard fought battle for both sides? Where each party will sit during the trial, and how each will refer to the other.
Samsung takes issue with being called the “defendant” and letting Apple be the “plaintiff,” given that both companies have claims against one another. The case concerns allegations of patent infringement, with both sides seeking royalties from one another.
“Both parties will at times be acting as plaintiffs and both as defendants, and it is therefore important that both parties are treated the same,” Samsung said in a filing on Thursday.
Samsung would like both companies to be referred to as “claimants.” Even going so far as to ask that its lawyers be allowed to sit at the plaintiff’s table while they’re arguing in favor of Samsung’s claims again Apple.
“Equal treatment of the parties with respect to where they sit while presenting their affirmative case will mitigate any prejudice to Samsung that may result from Apple being in closer proximity to the jury throughout the trial,” Samsung said. “It will also ensure that the jury does not draw any improper inference based on disparate treatment of the parties with respect to their positions in the courtroom.”
Apple filed on Friday objecting to Samsung’s request to their proposed game of legal musical chairs.
“Samsung’s request to sit near the jury while it bears the burden of proof is unnecessary and inconvenient,” Apple said in response to Samsung’s motion.”Samsung has indicated that it intends to follow Apple’s affirmative case with its own affirmative case, before defending against Apple’s claims. If the trial occurs in this order, Samsung’s request would result in table-swapping every few days.”
As well as the plaintiff’s seat, Apple is also not too keen on giving up the “plaintiff” title either.
“Apple is the plaintiff in this case, as the caption on Samsung’s brief indicates,” Apple said. By filing a complaint and summons, Apple became the plaintiff and Samsung the defendant. By filing its counterclaims in this action, Samsung became a defendant-counterclaimant. If Samsung wishes to be called something else, it should have tried its affirmative case separately.”
No word from the courtroom as to whether either side has filed to restrain the other side from using “air quotes” while discussing the opposing side’s statements, or restrain them from making mocking faces at the jury while the opposing side presents their case.
