The cult-like way that some Apple customers follow the company has been discussed for many years, but now Samsung claims that the same level of devotion persists in some of Apple’s trial experts testifying on the Cupertino company’s behalf. In cross motions filed last Thursday in the companies’ ongoing U.S. patent litigation, Samsung claimed that some Apple experts, due to their personal affection for the company, have a “slavish adoration” and cannot be relied upon at trial.
Last Thursday’s motions were the latest steps by both companies to narrow the focus of their dispute before the trial begins this summer. Challenging claims and expert witnesses is standard practice in the preparation for a trial, however Samsung’s legal motion has drawn attention for its parallels to the company’s recent marketing campaign that labels Apple customers as blind followers.
As discussed by FOSS Patents, Samsung’s motion attacks several Apple trial experts, individuals who will testify to the technical aspects and implications of the litigation, as “[casting] aside established scientific methods and governing legal principles in favor of slavish adoration of their client and platitudes about its alleged magical and revolutionary products, issues that are of no relevance to the claims and defenses at issue.”
One Apple expert, Henry Urbach, was found by Samsung to be particularly unqualified as he is “unquestionably…a loyal devotee of Apple, its designers, its products, and its retail stores” and describes the company “in flowery terms.”
As Samsung notes, prior to being retained by Apple for its patent litigation, Mr. Urbach wrote an essay about the Apple Retail store experience entitled Gardens of Earthly Delights, which painted a, some would argue justifiably, positive picture. Perhaps more importantly, he also admitted that he has no experience in product design or marketing, limiting the scope of any opinions he may offer.
Apple took a more focused approach in its motions, arguing that Samsung’s experts were not qualified to testify on the infringement, patent validity, and damages issues at stake. Apple also moved to strike recent Samsung arguments that are either inconsistent with the Korean company’s original claims or that were allegedly not disclosed during discovery.