SAN JOSE, Calif. -- Intel took offense at one of Samsung's expert witnesses, attempting to get him excluded from the trial between Apple and Samsung here.
Ahead of the testimony of Tim Williams, Ph.D, Apple said Williams had not properly disclosed the fact that he had signed multiple nondisclosure agreements, one of which Intel says prohibits him from discussing the particulars of Intel's source code.
Samsung had called on Williams to discuss Apple's alleged infringement of one of Samsung's cellular data transmission patents, which included citing some of the source code.
An Intel lawyer briefly came into court, saying Williams had effectively gone dark about his involvement in the case, and that Williams was very nearly involved with a separate case with the International Trade Commission and Motorola where the same issue was present. Moreover, Intel complained that Williams had not disclosed various nondisclosure agreements he had signed, and cases he was involved with, in his resume.
"We raised this issue with Samsung, they told us they'd get back to us on this issue," Intel's lawyer said. "The issue was then dropped, we didn't hear anything else from Dr. Williams. He didn't do ITC, then we got notice about him being in this case."
Intel then said Williams was bound by an amendment in the company's nondisclosure agreement to serve a copy of any testimony notice to all the parties involved in a case, as well as Intel, and that the company had received a copy of that attachment only late Monday.
U.S. District Judge Lucy Koh then said Williams would not be able to testify until the three companies hashed out what nondisclosure agreements were in place, before chiding both sides for doing this just hours ahead of when Williams was slated to testify.
"I want papers. I don't trust what any lawyer tells me in this courtroom," Koh said. "I want to see actual papers."
The spat is just the latest between the two companies, which were told by Koh early in the trial that they were filing far too much paperwork attempting to exclude and seal up evidence from view. In an order last week, Koh said confidential source code would be kept out of public view, but that it would be admitted as sealed evidence.
We're currently in the third week of the monthlong trial. Apple rested its case late Monday, handing over the reins to Samsung. The South Korean technology company spent the latter part of the day hammering at Apple's gesture patents, pointing to commercially available technology from the mid-2000s with similar features.
The trial continues through the rest of the week and is scheduled to wrap up with closing arguments next Tuesday.
Update at 10:54 a.m. PT: Intel says it's asking the court for sanctions in a filing later today, but that it's no longer asking to have Williams barred from testifying. In a sidebar, Judge Koh said that she wasn't going to let such a thing happen in the first place.
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