We'd heard rumors that the CEOs of Apple and Samsung were getting together today for one last court-mandated meeting, but their discussion proved unfruitful. Samsung attorney Kevin Johnson just told Judge Lucy Koh that "The CEOs did speak... There was no resolution." The meeting was a last-ditch attempt to bring the legal battle between the two companies to a conclusion before closing arguments start tomorrow.
Johnson's announcement marked the end of a long day of legal wrangling, with both sides jockeying for changes both to the instructions that will be read to the jury, as well as the verdict form the jurors will be tasked with filling out. The verdict form proved of particular concern today. Both sides went over a preliminary version of the 22-page document, which consists of pages of questions and charts upon which the jurors will indicate which devices infringed which patents and claims — if any.
Samsung did score a minor victory during the day, however, when it came to the question of "adverse inference." Back in July, Magistrate Judge Paul Grewal ruled that the jury in the trial should be told that Samsung had improperly handled evidence. Judge Koh, while agreeing with Judge Grewal's order, also felt that Apple hadn't been as rigorous as it could have been in preserving evidence on its side, either. (Apple had been successful in establishing August 10, 2010 as the starting date for the conflict between the two companies, but internally Apple hadn't warned employees that litigation was a possibility — and that they should preserve all documentation — until the following year.)
While Judge Koh declined to decide upon the issue when it was first brought up, at the end of the day Apple attorney Michael Jacobs asked Koh for "guidance" on her final decision. She told him that she was prepared to tell the jury that both sides had shown neglect. Apple and Samsung agreed that if something negative was going to be read about both parties, it would simply be best to have the jury hear nothing about the issue at all.
With no settlement on the horizon, closing arguments are on deck for tomorrow, with jury deliberations scheduled to begin Wednesday. We'll continue to bring you the latest developments from the courtroom.