SAN JOSE – Intel made a surprise appearance at the Apple vs. Samsung patent infringement case Tuesday morning, asking the judge to throw out an expert witness for Samsung who had looked at Intel source code. Samsung claimed Intel was assisting Apple by disrupting the Korean giant’s case.
Samsung informed Intel Monday night it would call an expert witness who reviewed some of the x86 makers source code, an Intel attorney claimed. Samsung countered it had let Intel know as early as January it might call the witness.
Under questioning by Judge Lucy H. Koh, the witness—identified as Dr. Williams—said he did not inform Samsung or Intel of some possible conflicts of interest. Williams said he was under non-disclosure agreements in multiple public and private proceedings
“We got the expert copy last night dated April 23,” said an Intel attorney. “We believe Dr. Williams should be precluded from testifying on Intel source code,” he said, pointing to a court agreement Samsung had to notify Intel of any possible source code disclosure in the case.
“Dr. Williams is not going to testify to today,” Judge Koh said after several tense exchanges among the attorneys and the witness. “The expert admitted he did not disclose all the conflicts of interest he has in competitive NDAs,” she said.
The witness’ situation is “not unusual--its competing confidential obligations,” a Samsung attorney argued.
“I know this comes up frequently [but] if the shoe was on the other foot, you would be here complaining just as much--trust me you would,” Koh told the Samsung attorney.
“Intel is closely aligned with Apple in this case, and the notion they are surprised at the last minute [notice…they are] disrupting our trial and come in the day before” Williams would testify, the Samsung attorney said.
“Why did you not let them know [about Williams] before last night” the Judge asked.
“I don’t know why,” a Samsung attorney said.
“I want to see papers, I don’t trust what any lawyer tells me in this courtroom,” Koh said, deferring a ruling until formal briefs are submitted.
