clock menu more-arrow no yes

Filed under:

Samsung to question Phil Schiller again as it seeks to stop product ban

New, 90 comments
phil schiller
phil schiller

During the Apple vs. Samsung trial, Samsung was able to question high-level Apple personnel like Phil Schiller and Scott Forstall (then still the head of the iOS team). As part of the post-trial action, US magistrate judge Paul S. Grewal has ordered that Samsung will get another crack at Schiller for three hours of deposition questioning.

The questioning is in connection with Apple's pursuit of a ban on some of the products that the jury found infringed Apple's intellectual property. At issue are comments made by Schiller in a court document declaring his support for the injunction. According to Samsung, some of the statements made were "new or in conflict with his testimony at trial," and the company felt Apple shouldn't be able to introduce them into the mix. If they were allowed, however, Samsung's legal team should at the very least get the opportunity to question Schiller themselves on the topics — hence the new deposition.

Samsung cited several sections it found troublesome, including Schiller's assertions that Samsung created the Galaxy line of products to present a unified brand for consumers, and the notion that Apple competes with Samsung even on carriers that don't sell the iPhone (Schiller references T-Mobile advertising aimed at iPhone users as an example).

Apple had asked the court for "clarification" on its initial order to produce Schiller, as the document made references to "expert witnesses" when Schiller is considered a "fact witness." It appears Judge Grewal didn't appreciate the word games, saying in an order today that "Clarification... is what Apple wants, and so clarification Apple shall get" — before repeating that Schiller should be made available no later than November 5th. Of course, this is just one step on the long path towards deciding whether Apple will get that injunction, and whether Samsung is able to turn its time with Schiller to its advantage still remains to be seen.