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Biased Expert Witnesses: Apple-Samsung Patent Trial

May 24, 2012

Expert witnesses play a key role in providing the court with a platform to better comprehend information. To do so, experts must remain unbiased and not rely solely on what attorneys say, rather they should take all given information to draw their own conclusions.

In the Apple-Samsung patent trial, Samsung has filed court documents asking that testimony from some of Apple’s expert witnesses be excluded on the grounds that they were biased.

Apple’s damages expert, Terry L. Musika, writes in his report that ‘Apple has built a considerable and at times a cult-like following to all things Apple,’ -Samsung’s attorneys wrote in a court filing, according to FOSS Patents.

Samsung attorneys believe Apple’s expert witnesses, like Henry Urbach, are Apple devotees, and have even used the term “iSheep” when describing them. Urbach has referred to Apple Co-founder Steve Jobs as St. Eve. This information sits atop Urbach’s substantial reputation as an Apple devotee, having written an essay about the design of Apple retail stores calling them chapels of the Information Age.

“That cult-like following apparently includes several experts who are appearing on Apple’s behalf in this case, and may explain why they have cast aside established scientific methods and governing legal principles in favor of slavish adoration of their client and platitudes about its alleged magical and revolutionary products, issues that are of no relevance to the claims and defenses at issue.”

Opposing counsel aim to have the other sides expert witness dismissed as well as the evidence the expert provided to the case. When an expert witness is required to be unbiased in nature, Samsung  found ground to call out a few of Apple’s experts who have an established loyal background to the company.


Check out Courtroom Insight to read reviews about expert witnesses, and see what other legal professionals thought of their testimony in past cases!


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