If you were wondering just how bitter relations have gotten between Samsung and Apple during their continuing feud, here’s a hint: they’re even fighting over where each party gets to sit during the upcoming U.S. trial.
As it turns out, Samsung is up in arms because it has an issue with being referred to as a “defendant,” and sitting in the appropriate defendant’s location, which would mark Apple as the “plaintiff.”
According to Samsung, since both companies have claims against one another, neither one should be referred to as the plantiff or the defendant. “Both parties will at times be acting as plantiffs and both as defendants, and it is therefore important that both parties are treated the same,” Samsung wrote in a filing on Thursday.
Samsung has requested that both companies be called “claimaints” during the trial, and that they should play musical chairs to keep things fair. “Equal treatment of the parties with respect to where they sit while presenting their affirmative case will mitigate any prejudice to Samsung that may result from Apple being in closer proximity to the jury throughout the trial.”
If it seems like Apple and Samsung are acting childishly, don’t worry, the two companies are being treated that way as well. While Apple was told that, like a naughty child, it would have to write a notice on its website stating that Samsung did not copy its designs, that was overruled this week.
After receiving a favorable ruling, Apple said that the judgment would have caused Apple “irreparable and disproportionate harm,” while Samsung said that Apple’s argument that it “will suffer some mortal hurt is frankly nonsense.”
And if you needed more proof that Apple and Samsung are acting like petulant school children, court documents submitted today reveal nerdy Samsung was indeed very focused on keeping up with the ultra cool Apple.
Early emails after the first iPhone mentioned Samsung’s need to switch from a resistive touchscreen to a capacitive one, and in 2011, Samsung even wrote this in a memo: “Goal of next year – BEAT APPLE.”
In a comparison of the iPhone to Samsung’s own product, it was written in a note that when Samsung’s “UX is compared to the unexpected competitor Apple’s iPhone, the difference is truly that of Heaven and Earth.”
Samsung’s overzealous goals may prove to be a nail in its coffin during the trial. Did this competitive, almost worshipful spirit cause it to imitate Apple’s products? It won’t be long before we find out. Samsung and Apple’s jury trial in the United States is set to begin next week.