Apple V. Samsung: Samsung Moves To Preclude Apple From Commenting On Samsung's Failure To Call Certain Witnesses At Trial

As the patent trial between Samsung and Apple continues, Samsung moved to preclude Apple from either eliciting testimony or attorney comment on Samsung's failure to call certain witnesses to testify at trial. In its motion, Samsung asserted that permitting such testimony would be prejudicial and would be inappropriate because the district court limited the parties to a 25-hour trial time limit. In analyzing Samsung's request, the district court noted that "Samsung has not identified, any case law supporting Samsung's requested blanket prohibition on testimony or attorney comment regarding either party's failure to call particular witnesses." Contrary to Samsung's position, the district court found that "[c]ounsel may comment to the jury on the failure to call a witness or the judge may instruct on...