苹果和三星为结案陈词做准备

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.

苹果公司(Apple Inc.)和三星电子(Samsung Electronics Co.)周一将目光转向一些利害攸关的法律事宜，这是在周二进行结案陈词之前，它们参与具体法律程序的最后机会之一。

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.

两家公司的代理律师均对法官高兰惠(Lucy Koh)说，其首席执行长再次进行了电话沟通，试图解决双方分歧，算是满足了高兰惠在最后一刻提出的要求。结果不出所料，律师说双方未能达成和解，这意味着此案将于周二进行结案陈词。

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.

周一，最有争议性的问题之一是陪审员是否会被告知三星和苹果未能履行为案件的审理保留证据的义务。此案的审理工作已经进入第四周。

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.

高兰惠已暂时同意，九位陪审员将被告知苹果和三星均未履行保留证据的义务，他们可在裁决时将这一点纳入考虑。早前的一位法官曾裁定，三星没有履行其义务，但法官高兰惠说，她认为苹果也没有履行，而且说陪审员会被告知这两个公司都未履行责任。

'You are equally culpable,' Judge Koh said to lawyers for both companies.

法官高兰惠对两个公司的代理律师说，你们都难辞其咎。

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.

在解释自己的想法时，高兰惠问道，为什么高级副总裁福斯特(Scott Forstall)等某些苹果高管在其他高管接到保留文件的通知之后才接到该通知？

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.

苹果的一位代理律师称，当那项福斯特被列为发明者之一的专利成为案件一部分的时候，他才收到通知。她说，绝无证据表明苹果有任何文件被损毁。

A lawyer for Samsung said that if the company is dinged on the point, Apple should be, too.

三星的代理律师说，如果三星在这一点上有问题，苹果应该也是一样。

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.

Park Jae-Hee/TingVoa.com/Zuma Press图片：苹果与三星的专利纷争此外，律师们还对高兰惠周二将向陪审团宣读的指令说明中的各种内容表示反对。指令说明会告诉陪审团如何将法律适用此案，以及在裁决一项设计专利是否有效等问题时该考虑什么和不该考虑什么。

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.

双方律师还曾计划讨论暂时得到高兰惠同意的陪审团裁决表。陪审员要通过填写这份表格来发布裁决结果，指出产品是否侵犯了某些专利等。

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.

让苹果和三星争论不休的问题包括消费者购买产品时令其困惑的语言等，这是陪审员在裁决三星设计是否侵犯了苹果知识产权时需要考虑的问题之一。

The minutiae matter. Lawyers for either side could use issues such as juror confusion as potential ammunition to dispute the verdict.

细节是关键。双方的律师都可用陪审员困惑等问题作为对裁决结果提出异议的潜在武器。

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.

两家公司达成和解的一个问题（至少是暂时和解）是，如何避免发生苹果所担心的一种情况，即陪审员可能会在不经意间更新那些有争议性的手机（这些手机将在陪审团审议过程中交给他们研究），修改一些存在争议的功能。律师们一致认为，取出使用美国电话电报公司(AT&T Inc.)和T-Mobile USA网络的手机的SIM卡应该能解决这个问题。