Shin Nishibori, the Apple designer whose iPhone designs have become a central issue in the Samsung patent case, apparently has no plans to testify in the upcoming trial, reports “AllThingsD.”

In a letter to the court on Sunday, a lawyer representing Nishibori said that his client has no plans to appear at the trial, which begins Monday in San Jose, California. The lawyer said Nishibori no longer works at Apple, and is in Hawaii, “trying to recover from several health issues.” More info can be found at .

This is all part of the ongoing, global legal battle. Apple and Samsung have filed more than 30 lawsuits against each other across four continents. For example, Apple alleges that Samsung copied the slide-to-unlock technology of its iPhone and iPad devices.