Judge Koh, whose temper has been growing increasingly short with both parties, took Samsung's legal team to task, actually questioning whether Samsung's photo was legitimate. She pointed out the Samsung's image didn't feature the Google search widget — something the company's attorneys said was present on the device out of the box. "Why does your homescreen not show the Google search box when you're telling me the phone has the Google search box," she asked, eventually demanding to just see the device in question herself. She then pointed out that Samsung's image featured yesterday's date — clearly indicating that the photo had not been taken on Sunday as alleged. Samsung's attorney eventually admitted he misspoke about the date.

As for Apple, attorney Michael Jacobs stated that the company's team hadn't touched the icon layout or tampered with the phones whatsoever. "There has been no manipulation... we've been rigorous about that." When asked if Apple had manipulated the icon layout of the Epic 4G Touch, Jacobs responded with a simple "no."