Judge Lucy Koh has been going increasingly terse with both Apple and Samsung as the trial continues, and she just let Apple have it after receiving a 75-page briefing. The document covered 22 potential rebuttal witnesses the company might want to call after Samsung finishes presenting its case. With the jury out of the courtroom, Koh laid into Apple, asking why it would present such a lengthy document "when unless you're smoking crack you know these witnesses aren't going to be called!"
Apple attorney William Lee stepped forward, saying "First, your honor, I'm not smoking crack. I can promise you that." The company's legal team agreed to pare down the document, with attorney Michael Jacobs claiming that the company didn't mean to burden the court — and that it truly believed it would be able to run through all of its witnesses in the time it has remaining. Jacobs also pointed out that some of those addressed in the document were Samsung's witnesses, not Apple's.
As the discussion continued, Koh grew even more frustrated, telling the parties that the conversation would come at the expense of their trial time. "I'm billing time because you all are being unreasonable," she said.
Koh's temper flared earlier this week when Apple said it wanted to bring in designer Susan Kare for a round of rebuttal testimony — but that due to family matters Kare wouldn't be able to attend until Monday. After a round of discussion, Koh flatly refused, saying that unless Kare could testify this week, she wouldn't be returning to the courtroom at all.
One thing is clear: Judge Koh wants this trial done on schedule, and will not hold back in making sure it happens.