updated 10:10 pm EDT, Tue July 31, 2012
Judge Koh demands specific perpetrators be identified
Potentially defying Judge Lucy Koh's orders barring evidence that Apple allegedly copied a Sony phone while designing the iPhone, Samsung ordered its PR agency to send two PowerPoint presentations to reporters detailing the restricted evidence. The files contain quotes from a deposition of former Apple designer Shin Nishibori who said that Jonathan Ive told him to create a phone inspired by Sony designs for internal presentation to Steve Jobs.
Apple succeeded in preventing Samsung from presenting the quotes found in the nine-page powerpoint presentation or the photographs of the prototype in court with the release of prior art of an iPhone design strongly resembling the iPhone 4 from a year prior to the "Jony" phone. The "Jony" branding was intended as a play on the Sony brand using Ive's nickname at Apple.
An irate Judge Koh demanded answers from Samsung about who drafted the press release accompanying the evidence sent after today's trial proceedings to reporters, which member of the legal team authorized the release of the evidence, and specifically what role Samsung lawyer and senior partner John Quinn, of Quinn Emanual Urquhart & Sullivan, played in the release.
The press release is possibly fallout from Quinn and Koh sparring in court at the beginning of the day with Quinn "begging" Koh to reconsider the decision referenced in the release. The judge threatened the lawyer with sanctions if he persisted with his impassioned appeal. Should Quinn be found to be involved in the 'leak,' he faces contempt of court charges, which could result in steep fines, jail time, or both.
Harold McElhinny, Apple's lawyer described the release as the most blatant example of contempt of court he had ever seen and a deliberate effort to "pollute the jury," as they are directed to make decisions on only the evidence presented in court.