updated 02:13 am EDT, Fri August 3, 2012
Judge rejects Apple cure, may impose own penalties
Late Thursday, Judge Lucy Koh denied an Apple motion requesting the court declare the iPhone manufacturer the victor in the contentious smartphone patent trial currently underway in the US District Court of California. Apple's motion comes after Samsung appeared to have publicly defied the judge's order by publicly releasing excluded information that Apple allegedly copied Sony industrial design during the iPhone development process.
Apple's motion requested Judge Koh to award Apple a victory in the design patents aspect of the trial based on continued Samsung misconduct. It argues that Samsung's "continuing and escalating misconduct merits a severe penalty that will establish that Samsung is not above the law." Apple says Samsung's release of the data was an attempt to sway the jury outside the courtroom on the design patent issues.
Samsung countered that Apple's request would derail the judicial process and was "an affront to the integrity of the jury." Senior Quinn Emanuel partner and lead Samsung attorney John Quinn admitted admitted authorizing the release but claimed it was sent only to media outlets that requested it, a point that has seen some dispute by the press agencies that received the information.
Judge Koh has not excluded the possibility of sanctions or further jury instructions regarding Samsung's misconduct in granting Samsung's motion to strike, however. The trial resumes Friday afternoon, with Apple Vice President Phil Schiller taking the stand.
Apple Response to Samsung leaked evidence