Samsung to get another crack at questioning Apple’s Schiller
By Martyn Williams
Apple executive Phil Schiller will have to provide further testimony to lawyers for Samsung Electronics as part of the appeal proceedings related to their big patent infringement case, a California court ordered Thursday.
The U.S. District Court for the Northern District of California on Monday ordered that both companies make available a number of expert witnesses to lawyers for the other company for out-of-court depositions of “not more than three hours.”
The short witness list included Schiller, Apple’s head of worldwide marketing, and Apple sought a clarification with the court on whether Schiller was eligible for a request from Samsung lawyers. Apple argued that Schiller spoke at the trial as a fact witness, not an expert witness.
“Mr. Schiller is an Apple executive who testified at trial and whom Samsung has already deposed, and whose declaration is limited to facts and does not include any expert opinions,” Apple lawyers wrote to the court on Tuesday.
On Thursday, Magistrate Judge Paul Grewal replied.
“Clarification of the court’s October 29 order is what Apple wants, and so clarification Apple shall get. No later than November 5, 2012, Mr. Schiller shall appear for three hours of deposition. It is so ordered,” he wrote.