'Why would it matter when everyone knew it if Samsung was going to appeal?'
It is very simple. By not including it in the trial they cannot use it as a means to have the decision anulled/reversed. In other words it will be that much harder to appeal because they cannot use it as a weapon against Netlist if it is not there in the first place. Get it?.
i believe it had to do with narrowing down everthing being tried in the case to a point where they are proven guilty beyond a shadow of a doubt. with the best promise of scum not being given anything to appeal on or to, end of story. just hope it ends up that way after we hear from gilstrap at the end of the month. thats my take brother.....