It's too late to claim things are getting ugly between Samsung and Apple. The question before us now is, how ugly can things get? That depends on which court system you're talking about. Here in the U.S., Apple is peeved at Samsung for leaking rejected evidence to the public, and over in Australia, Samsung is accusing Apple of inappropriately meeting with expert witnesses to change their opinions on things that could affect the outcome of the patent trial.
Samsung's legal team labeled Apple's actions as "most inappropriate" and is none too happy with the resulting report written by three experts who, after speaking with Apple, changed their minds and determined the Cupertino company's iPhone 4 and 4S models don't run afoul of any of Samsung's 3G patents, MacWorld reports .
Samsung asked Justice Annabelle Claire Bennett for permission to cross-examine the witnesses prior to their "hot tub" testimony, which is a term Australian courts use to describe when multiple expert witnesses offer their testimony at the same time. Bennett, however, wasn't as concerned as Samsung and said it's not unusual for experts to change their mind.
"The expert report is a piece of evidence but can be challenged in cross examination," Bennett said.
The Australian trial has a long way to go yet and is scheduled to run intermittently for another nine months.