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Northern CA judge asks if Apple`s legal team is on crack

Posted August. 18, 2012 06:25,   

“How come you make such demand, (and) unless you`re smoking crack….”

Lucy Koh, a Korean-American judge on the U.S. District Court for the Northern District of California, openly expressed her frustration while presiding over a trial on the so-called patent dispute of the century between Samsung Electronics and Apple.

She was angry because Apple wanted to call in as many as 22 witnesses to testify though both sides must conclude presentations of their cases by Wednesday. Apple also presented an additional 75 pages of briefings as key material in making its case.

Koh shouted at Apple’s legal team Thursday, saying “… unless you`re smoking crack, you know these witnesses aren`t going to be called when you have less than four hours.”

For a judge to make such an emotional statement as Koh did is considered unusual, and her comments have drawn massive global attention.

Apple’s side denied using drugs, but Koh threatened fines should the company delay the proceedings for no reason.

Samsung presented a specific amount for damages for the first time since it launched a countersuit against Apple, claiming the American company’s demand for compensation for the former’s alleged patent infringement was excessive.

The Korean company`s damage estimation expert said, “Samsung Electronics’ profit of 2.24 billion U.S. dollars as suggested by Apple is a figure that doesn`t take into account production costs and costs for research and development and marketing. Samsung’s operating profit ratio was about 12 percent, far lower than Apple`s calculation of 35 percent.”

“Even if Samsung Electronics violated Apple’s patent, Samsung reaped gains worth just 518.7 million dollars through this.”

The expert said Samsung should receive up to 399 million dollars from Apple for the latter’s violation of Samsung’s patent right by applying 2 to 2.7 percent of royalties.

Certain analysts say Samsung might have suggested the specific numbers in consideration of the prospect of a last-minute compromise.

A Samsung source said, however, “We meant to counter Apple’s claim as nonsense, and we have no intention whatsoever to admit that we infringed on Apple’s patents.”



jaeyuna@donga.com