Samsung: Apple Expert Witnesses in Patent Trial are “iSheep,” Unqualified –BGR
Zach Epstein shares the scoop at BGR:Â
Samsung has accused Apple of calling expert witnesses that exhibit âslavish adorationâ to the company duringÂ an ongoing patent trialÂ between the two consumer electronics giants. As noted by patent expert Florian Mueller ofÂ FOSS Patents, court documents filed by Samsung in California seek to exclude testimony made by a number of Appleâs expert witnesses on the grounds that they were biased.
âAppleâs damages expert, Terry L. Musika, writes in his report that âApple has built a considerable and at times a cult-like following to all things Apple,â â Samsungâs attorneys wrote in a court filing,Â according toÂ FOSS Patents. âThat cult-like following apparently includes several experts who are appearing on Appleâs behalf in this case, and may explain why they have cast 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.â
The filing goes on to attack a number of Apple witnesses, repeatedly suggesting that they areÂ among Appleâs cult-like following, sometimes referred to as âiSheep,â and therefore their testimony cannot be included in the trial. Mueller notes that Samsung appears to take particular issue with one witness in particular, HenryÂ Urbach, who Samsung accuses of being a âloyalÂ devotee of Apple.â
âBefore being retained by Apple in this matter, Mr. Urbach wrote an essay on the design of Appleâs retail stores, entitled Gardens of Earthly Delights, describing them as âQuasi-religious in almost every respect, . . . chapels for the Information Age,â â Samsungâs motion stated. The filing also claims that Urbach referred to Appleâs co-founder Steve Jobs as âSt. Eve.â
Finally, Samsung notes that beyond Urbachâs potential bias, he is not a qualified witness because he âhas admitted he has no experience in product design, or marketing, and therefore any opinions he could offer would be beyond his area of expertise.â
Is This Expert Witness Qualified?