Samsung has complained that its case against Apple is being referred to as Apple v Samsung, which the company is suggesting could lead the jury to see it as the defendant in the patent suit, when Samsung is actually countersuing Apple.

Samsung’s lawyers have asked if they can switch seats with Apple’s lawyers when they present their claims, so that it is clear to the jury who is suing who.

A Samsung filing read: “Both parties will at times be acting as plaintiffs and both as defendants, and it is therefore important that both parties are treated the same.”

Samsung suggested that both parties should be treated equally with regard to where they sit when presenting their cases. Samsung’s musical chairs proposal would “mitigate any prejudice to Samsung that may result from Apple being in closer proximity to the jury throughout the trial,” reports AllThingsD.

Apple filed a paper in response. ““Samsung’s request to sit near the jury while it bears the burden of proof is unnecessary and inconvenient,” said the company.

Apple goes on to emphasise that it is still the plaintiff in the case as it was first to rile a complaint. Samsung is not a plaintiff it is a “defendant-counterclaimant”, according to Apple.

Judge Lucy Koh has denied Samsung’s request however, the sign outside the court room has been adjusted to read both Apple v. Samsung and Samsung v. Apple.

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