Samsung want the jury to hear the testimony of Hyoung Shin Park, who was the principle designer of the Samsung F700. In a filing she claims that the design patents for that phone were filed in December 2006 (before the first iPhone launched).
She claims that her inspiration for the design was a bowl of water.
Apple has filed a motion to exclude her testimony because it believes: “Going into the design history of the F700 in particular is extremely prejudicial because the risk is high that the jury will consider the F700 as evidence of independent development, invalidity, or non-infringement regardless of whether or not Samsung encourages them to do so,” notes Apple Insider.
Samsung countered, according to Apple Insider, stating the testimony would “fundamentally undermine Samsung’s functionality defence, as no other witness will offer the same testimony.”