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This story was first published by The Recorder, an American Lawyer affiliate.

SAN JOSE — Squeezing in their last jabs, lawyers for Apple alleged that Samsung executives never appeared in court because they did not dare reveal their real aim for the companies’ retrial: a verdict that split the difference.

Since the parties reunited in U.S. District Judge Lucy Koh’s courtroom last week to hash out damages, Samsung has repeatedly asked jurors to award damages of $52 million—nearly $330 million less than what Apple says it is entitled to. As he delivered his rebuttal Tuesday morning, Apple lawyer Harold McElhinny of Morrison & Foerster seized on the Samsung executives’ absence to offer his own explanation for the divide. Figuring jurors would want to grant an award that fell somewhere in between the parties’ requests, Samsung intentionally low-balled its calculations, McElhinny argued.

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