Why isn’t US court calling key witness in Samsung-Apple trial?

A trial on a patent dispute between Samsung Electronics and Apple is under way in the American tech giant’s home court of California.

By some indications, Apple is using this advantage a tad too much with a former employee and possible hostile witness being unavailable.

Shin Nishibori, a former Apple designer, may hold the key to proving that Apple copied Sony designs and used them for its iPhone, which, if testified to in court, would damage Apple’s claim for original designs and its allegations that Samsung stole its intellectual property.

Nishibori has refused to appear in court, although Samsung is pushing for him to do so, claiming that Apple has everything to do with the refusal. Apple argues that he is sick.

According to messages recently tweeted by Nishibori, he appears to be running a small restaurant named “efish” in Hawaii.

“efish is currently hiring part-time workers, men and women. Experience a big plus. Please refer to the top page of our homepage for more information,’’ his Feb. 23 twitter account showed.

On March 20, he tweeted; “Beer at a cafe in the Honolulu Airport in the morning. Now heading to Kyoto.’’ According to sources, Samsung turned in these and other tweeted messages by Nishibori.

The Apple spokesman in Korea declined to comment.

Nishibori’s designs can serve as “critical evidence’’ that iPhone was influenced by Japan’s Sony, Samsung argues. Apple countered that the initial design of the iPhone predates the so-called Nishibori Design.

Judge Lucy Koh rejected Samsung’s request to use Nishibori’s testimony in the run-up to the trial.

“If Nishibori appears to the court, it would likely help Samsung. But Apple is trying its best to distract the main focus of the trial by filing its request to issue emergency sanctions against Samsung,’’ said an industry source.

“Apple is showing its sheer hypocrisy. Apple should bring the former its designer to testify to narrow the focus onto the issue,’’ said the source on condition of anonymity.

Samsung has informed the court that Nishibori had been posting on Twitter and other social media about running marathons, doing a business in Japan and surfing in Hawaii.

Apple only offered to provide a deposition from Nishibori.

According to sources, just before the deposition, Apple suddenly produced new sketchbooks by Nishibori. They contained drawings relating to numerous design claims Apple has asserted in this lawsuit, but it had previously kept quiet about their existence. <The Korea Times/Kim Yoo-chul>

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