蘋果和三星爲結案陳詞做準備
Apple Inc. and Samsung Electronics Co. turned to some high-stakes legal housekeeping Monday, in one of the companies' last chances to weigh in on nitty-gritty procedural matters before closing arguments Tuesday.
蘋果公司(Apple Inc.)和三星電子(Samsung Electronics Co.)週一將目光轉向一些利害攸關的法律事宜，這是在週二進行結案陳詞之前，它們參與具體法律程序的最後機會之一。Lawyers for both companies told Judge Lucy Koh that their chief executives conferred by phone one more time to attempt to resolve their differences, fulfilling her last-minute request. As expected, they said that they failed to reach a resolution, however, meaning the case will proceed to closing arguments Tuesday.
兩家公司的代理律師均對法官高蘭惠(Lucy Koh)說，其首席執行長再次進行了電話溝通，試圖解決雙方分歧，算是滿足了高蘭惠在最後一刻提出的要求。結果不出所料，律師說雙方未能達成和解，這意味着此案將於週二進行結案陳詞。One of the most contentious issues of the day was whether jurors will be told that Samsung and Apple failed to live up to their obligations to preserve evidence for the trial, which is entering its fourth week.
週一，最有爭議性的問題之一是陪審員是否會被告知三星和蘋果未能履行爲案件的審理保留證據的義務。此案的審理工作已經進入第四周。
Judge Koh tentatively ordered that the nine jurors will be told that both Apple and Samsung didn't live up to their obligations to preserve evidence and could decide to weigh that in their decision. An earlier judge ruled that Samsung didn't live up to its obligation, but Judge Koh said she thought that Apple didn't either and that the jurors would be told the same thing about both.
高蘭惠已暫時同意，九位陪審員將被告知蘋果和三星均未履行保留證據的義務，他們可在裁決時將這一點納入考慮。早前的一位法官曾裁定，三星沒有履行其義務，但法官高蘭惠說，她認爲蘋果也沒有履行，而且說陪審員會被告知這兩個公司都未履行責任。'You are equally culpable,' Judge Koh said to lawyers for both companies.
法官高蘭惠對兩個公司的代理律師說，你們都難辭其咎。In explaining her thinking, Judge Koh questioned why certain Apple executives, such as Senior Vice President Scott Forstall, didn't receive notices to retain documents until later than other executives.
在解釋自己的想法時，高蘭惠問道，爲什麼高級副總裁福斯特(Scott Forstall)等某些蘋果高管在其他高管接到保留文件的通知之後才接到該通知？A lawyer for Apple argued that Mr. Forstall was given a notice when the patent he was listed on as a creator became part of the case. 'There is absolutely no evidence of any documents destroyed at Apple,' she said.
蘋果的一位代理律師稱，當那項福斯特被列爲發明者之一的專利成爲案件一部分的時候，他才收到通知。她說，絕無證據表明蘋果有任何文件被損毀。A lawyer for Samsung said that if the company is dinged on the point, Apple should be, too.
三星的代理律師說，如果三星在這一點上有問題，蘋果應該也是一樣。Lawyers also aired their objections to various line items in the instructions that Judge Koh will read to the jury Tuesday. The instructions tell the jury how to apply the law and what they should and shouldn't consider in determining matters such as whether a design patent is valid.
蘋果與三星的專利紛爭此外，律師們還對高蘭惠週二將向陪審團宣讀的指令說明中的各種內容表示反對。指令說明會告訴陪審團如何將法律適用此案，以及在裁決一項設計專利是否有效等問題時該考慮什麼和不該考慮什麼。Both sides were also scheduled to discuss Judge Koh's tentatively ordered jury-verdict form, the worksheet that jurors will fill out to issue their verdict and which asks them to indicate whether devices infringe particular patents, among other things.
雙方律師還曾計劃討論暫時得到高蘭惠同意的陪審團裁決表。陪審員要通過填寫這份表格來發布裁決結果，指出產品是否侵犯了某些專利等。The issues the companies bickered over include language related to consumers' confusion over purchases, one of the things jurors consider in determining whether Samsung's designs infringed Apple's intellectual property.
讓蘋果和三星爭論不休的問題包括消費者購買產品時令其困惑的語言等，這是陪審員在裁決三星設計是否侵犯了蘋果知識產權時需要考慮的問題之一。The minutiae matter. Lawyers for either side could use issues such as juror confusion as potential ammunition to dispute the verdict.
細節是關鍵。雙方的律師都可用陪審員困惑等問題作爲對裁決結果提出異議的潛在武器。One issue the two companies resolved between themselves, at least tentatively, was how to handle Apple's concerns that jurors may inadvertently update disputed phones they will be given to study during deliberations, modifying some of the features in dispute. Lawyers agreed that removing the wireless service SIM cards for devices on AT&T Inc. T -0.75% and T-Mobile USA should address the concern.
兩家公司達成和解的一個問題（至少是暫時和解）是，如何避免發生蘋果所擔心的一種情況，即陪審員可能會在不經意間更新那些有爭議性的手機（這些手機將在陪審團審議過程中交給他們研究），修改一些存在爭議的功能。律師們一致認爲，取出使用美國電話電報公司(AT&T Inc.)和T-Mobile USA網絡的手機的SIM卡應該能解決這個問題。
