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Judge allows Jobs' 'thermonuclear' remarks in Moto trial

updated 10:16 am EDT, Mon June 4, 2012

Samsung drops patent ahead of ITC hearing

A judge overseeing an Apple v. Motorola Mobility lawsuit will allow comments made by former Apple CEO Steve Jobs to be heard at trial in a Chicago federal court, despite attempts by Apple lawyers to block them, Reuters reports. The comments, directed against Google's Android platform, originally appeared in Walter Isaacson's biography of Jobs. "Our lawsuit is saying, 'Google, you f**king ripped off the iPhone, wholesale ripped us off.' Grand theft," he said. More famously, he remarked that "I'm going to destroy Android, because it's a stolen product. I'm willing to go thermonuclear war on this."

Last month Apple filed to suppress anything from the Isaacson biography to "avoid any potential prejudice to Apple if Motorola attempts to use the book to appeal to the jury's passion." On Thursday, however, Chicago federal judge Richard Posner rejected the request without any explanation. On the same day, Posner additionally blocked Apple from arguing that jurors should favor Apple over Motorola if they like Jobs and/or Apple products. "I forbid Apple to insinuate to the jury that this case is a popularity contest," the judge wrote. For its part, Apple has also promised to ask a California judge to keep references to the Isaacson biography out of an Apple v. Samsung trial, which should start in July.

On Friday, meanwhile, Samsung filed to withdraw a patent from a complaint with the US International Trade Commission against Apple. Gone is US Patent No. 6,897,843, covering a "device and method for storing and reproducing digital audio data in a mobile terminal." Samsung has also withdrawn a single claim, 77, from a patent that will otherwise go in front of an ITC hearing. Patent No. 7,706,348 deals with an "apparatus and method for encoding/decoding [a] transport format combination indicator in [a] CDMA mobile communication system."

In all the ITC will now be looking at four patents, including two alleged to be standard-essential. Samsung earlier filed to prevent Apple from alleging that Samsung failed to make a licensing offer for standard-essential patents on FRAND (fair, reasonable, and non-discriminatory) terms, but a judge denied the motion. Samsung is known, though, to have at one point demanded a 2.4 percent royalty from Apple, which courts may consider too high.

The ITC hearing on Samsung's complaint starts today, but a hearing on Apple's earlier complaint began on Thursday. On June 7th, two preliminary injunction hearings will take place regarding lawsuits filed by both companies in the Northern District of California. In particular, the court will look at motions related to Samsung's Galaxy Nexus phone and the Galaxy Tab 10.1.

By Electronista Staff
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  1. kerryb

    Fresh-Faced Recruit

    Joined: Aug 2001


    Jobs book

    Since when "hearsay" is admissible in a trial.

  1. Amundyeus

    Fresh-Faced Recruit

    Joined: Feb 2005


    comment title

    hear say?? It's a biography with the co-operation of Steve Jobs...

  1. prl99

    Mac Enthusiast

    Joined: Mar 2009


    still hearsay

    Just because the book was written with Job's knowledge and cooperation doesn't mean Isaacson didn't take any liberties in writing it. As usual, Job's supposed comments have been taken out of context. What were Steve and Walter talking about at the time? Was Steve joking a bit? Did the conversation go on for hours with Steve ranting about Google? Unless all of this is taken into account and Walter has actual recordings of Jobs saying these things, I can't see how they would be allowed. Even if allowed, Apple lawyers should be able to downplay them as sensationalism in the biography.

  1. azrich

    Fresh-Faced Recruit

    Joined: Apr 2010


    The way it reads to me....

    looks like SJ REALLY BELIEVED Android was stolen, and he wanted justice. He wasn't talking about Samsung here, was he? So to me it doesn't read as anything but someone who vehemently believes his company's creation was being ripped off. Who here hasn't had self righteous anger when you KNEW you were right about something and being wronged by others? For all that fury Apple hasn't gone directly after Google, choosing proxies instead. That shows rationality and restraint, and an awareness that business changes and picking fights with someone today might prove to be a mistake when you need them as a friend tomorrow.

    The important thing is how would it / wouldn't it prejudice a jury. Which is for the lawyers to argue.

    Comment buried. Show
  1. Grendelmon

    Mac Enthusiast

    Joined: Dec 2007



    Comment buried. Show
  1. wrenchy

    Forum Regular

    Joined: Nov 2009




    What a prima donna. LOL!

    Comment buried. Show
  1. ibugv4

    Fresh-Faced Recruit

    Joined: Jun 2003



    Hearsay becomes fact when it's approved by the subject being authored for his biography.

  1. Logic2.6

    Fresh-Faced Recruit

    Joined: Oct 2007


    Hearsay Rule

    For the hearsay rule to apply, the statement would have to be being offered as proof that Google ripped off Apple. Not likely that Google would be seeking that and since Apple's lawyers are trying to exclude it, clearly not a hearsay issue.

    @ibugv4, you clearly have no clue what the hearsay rule is. But thanks for contributing to the great encyclopedia of misinformation on the net.

  1. Flying Meat

    Dedicated MacNNer

    Joined: Jan 2007


    As noted, people say

    and do stupid things. Rhetoric is apparently a great way to make a point... or is it?

    The utterances only really go to show how upset the perceived theft of IP made Steve Jobs. I don't see it as support for the defense at all, but maybe that's just me. Maybe I just haven't tried hard enough to spin it that way. :P

  1. The Vicar

    Junior Member

    Joined: Jul 2009



    Funny, I remember all the Google apologists saying Jobs wasn't upset about Android a little while ago (but after Jobs died). Gosh, one might almost think they were lying.

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