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These Apple-Samsung trials sure do produce some interesting battles.
Last time, there was a spat over who would sit where. Now, with a new trial set to start on Monday, Apple and Samsung are facing off over which patent-system-explanation video should be shown to the jury.
Here’s the issue in a nutshell. In patent cases, the jury is typically shown a video from the Federal Judicial Counsel explaining the U.S. patent system. From Samsung’s point of view, though, the latest version of that video amounts to a plug for Apple, with the company’s products appearing several times as the video outlines the importance of innovation.
Samsung argues that the jury should see the older, Apple-less version of the video that was shown during the last trial.
“Because Apple’s alleged innovation is a central disputed issue in this trial, it would be highly prejudicial to Samsung to show the jury — before any evidence is introduced — an official instructional video that depicts Apple products in such a context,” Samsung argued in a motion filed on Friday. “Doing so would raise serious concerns about Samsung’s ability to obtain a ‘fair trial’ by ‘impartial’ jurors, which is one of the most ‘fundamental’ interests that exists under the Constitution.”
Apple has yet to submit its response to Samsung’s motion.
Update 3:20 pm PT: And the video is in! Per Judge Lucy Koh, Samsung’s objections are overruled and the video in question will be shown at the upcoming trial. Read the ruling in full, below the YouTube videos, below.
Judge for yourself. Here’s the YouTube video:
And here’s the older video that Samsung prefers that the jury see:
This article originally appeared on Recode.net.
