Judge Lucy Koh has been making waves for the way she’s handled the Apple v Samsung patent case. Plenty of internet analysts have accused her of being on Apple’s payroll, hating Android, got a mad hurt on for Samsung, etc. After her latest display of judicial might, one might begin to wonder if she hates both parties.

Apple presented to the judge a whopping 75 page brief detailing over 22 witnesses they *could* call for rebuttal for any of Samsung’s case. Her Honor gave Apple a verbal thrashing, ending with the soon to be a meme comment - ”unless you’re smoking crack you know these witnesses aren’t going to be called!” Apple’s attorney denied the use of crack with a well thought out lawyer type comment - ”First, your honor, I’m not smoking crack. I can promise you that.” The legal team then promised to cut down the list to a more time responsible length.

As both parties continued to bicker back and forth, Judge Koh lost her temper once more - ”I’m billing time because you all are being unreasonable”. Both Apple and Samsung will lose precious time in front of the jury arguing their case because the judge was tired of the back and forth. You would think both would tone it down, if they want to win that is.

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In other Apple v Samsung news, Samsung brought in their own financial analyst to debunk Apple’s claim that Sammy had made $2.24 billion in profit due to the alleged  infringing devices. The witness, Terry Wagner, stated Apple had not factored in various things like research, promotion and development. By including these items into the equation, Wagner says Samsung had a profit of a much less $519 million.

Wagner also debunked the claims that Apple lost $488.8 million over 2 million lost iPhone and iPad sales. He stated that Apple came to those figures by assuming Samsung would simply pull the devices from the market instead of pushing software updates to bypass utility infringements or replacing hardware to address the design infringements. Wagner then went on to point out that Apple was using average worldwide iPhone prices instead of U.S. prices to artificially inflate the revenue lost. He also pointed to a report stating that the average iPhone purchaser spent a mere $67 more than someone buying a Samsung smartphone.

Wagner went on to use an Android buyer survey Apple had commissioned to point out only 25% of Android buyers had considered a iPhone prior to buying an Android powered phone. He also testified that Apple’s production problems with the iPhone 4, combined with the buyer survey, shows the company simply could not have sold as many iPhones they’re claiming.

Apple was able to get Wagner to admit he had a hard time obtaining complete financial information from Samsung, something Apple had taken issue with before. The lawyer for Cupertino and Wagner got into a bit of an argument about how Apple constantly makes errors in their calculations, with the witness finally telling them to “do it right”.

Expect the trial to keep heating up as both sides’ shenanigans keep going on. Stay tuned for the inevitable outburst from Judge Koh right here on DHTG!

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