Apple Inc and Samsung Electronics Co Ltd are embroiled in a high-stakes patent battle in several countries around the world, but only in Australia are they also engaged in "hot tubbing." Rather than a gaggle of lawyers hammering out their differences in the jacuzzi, the term refers to expert witnesses giving evidence in court together - rather than one by one - in the witness box. Officially known by the more staid legal term of "concurrent evidence", the practice has become increasingly common in Australia in complex, technical trials such as the Apple-Samsung patent dispute. Proponents argue that it saves time and resources and, importantly, restrains experts hired by litigants from overstating their case as they can immediately be questioned not only by the judge and lawyers, but by their peers. "I think in a case like this it's quite a good approach," said Mark Summerfield, a patent lawyer and senior associate at Melbourne-based ...
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