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Update: Last Minute Motions Filed as Trial Looms for Apple and Corellium

Apple's logo on a store window.

Bangkok, Thailand 21/12/2018 The logo of Apple brand in front ot First Apple store in Bangkok, Thailand.

With a jury trial scheduled to start on July 19, Apple Inc. has moved for referral to a settlement conference in the ongoing copyright case concerning software used to test iOS software, allegedly in violation of Apple’s intellectual property. Monday’s filing before the overseeing federal court situated in West Palm Beach, Florida, explains Apple’s belief that the assistance of a Magistrate or Senior Judge would aid settlement of the case instead of trial.

Specifically, the magistrate judge assigned to the case is so familiar with it and the parties’ positions, that he is best suited for the role, though Apple would accept any assignee the court selected, the motion and supporting memorandum said. The motion further contended that a settlement conference “would serve the interests of all parties by conserving resources, and potentially allowing the Court and parties to avoid the burden of a likely 10-day jury trial.”

Apple also certified that Corellium does not oppose the motion unless the conference changes the currently scheduled trial date.

For months, the parties have been preparing for trial, filing myriad motions concerning the evidence to be presented at the in-person showdown. For example, in May, Apple disputed the propriety of one of Corellium’s proposed exhibits and sought leave to file a motion in limine. Leave was granted, though it does not appear that Apple filed the motion subsequently. 

This week, Judge Rodney Gilstrap denied Corellium’s motion to strike certain supplemental expert reports proffered by Apple. According to the docket, the parties by now have also exchanged trial witness and exhibit lists.

Apple is represented by Lash & Goldberg and Latham & Watkins, while Corellium is represented by Cole, Scott & Kissane and Hecht Partners.

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