Printed from http://www.electronista.com

Samsung avoids lawsuit dismissal over evidence disclosure

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



By Electronista Staff
toggle

Comments

  1. UmarOMC

    Fresh-Faced Recruit

    Joined: 08-09-01

    I still want a Galaxy SIII!!!

  1. Inkling

    Mac Enthusiast

    Joined: 07-25-06

    If the tech press were following Groklaw, they'd know that there was no chance the judge would sanction Samsung because, despite Apple's nasty rhetoric, Samsung had done nothing wrong. The material in question was already publicly available and most of it had already been published. And the judge had issued no formal order banning its release, she'd even called at one time for an open trial. The real issue was the embarrassment the release poses for the judge. It shows that's she's permitting information favorable to Apple to go to the jury while blocking that favorable to Samsung.

    In short, Samsung made what's actually a very clever move both to protect its own reputation, and to set this case up for appeal. When you've got a biased judge, the smart move is to do things that set the judge off.

    You can find Groklaw at:

    http://www.groklaw.net

    This is a bit like the Google Book Settlement, where the tech press repeated Google's deceptive press releases until the entire settlement began to fall apart and was rejected by the judge. Except in this case, the tech press is echoing Apple rather than Google.

    Follow Groklaw if you want to understand this dispute. Ignore tech news sources.

    Personally, I wonder why Apple's lawyers are behaving like such stupid thugs. Is it them or is all this nastiness Steve Jobs dying wish? A device almost identical to the iPad was in the movie 2001 long ago. Samsung really did have iPhone-like designs before the iPhone, and Apple really did consciously copy Sony's iPhone-like design.

  1. SockRolid

    Forum Regular

    Joined: 01-21-10

    @ inkling re: "Samsung really did have iPhone-like designs before the iPhone, and Apple really did consciously copy Sony's iPhone-like design."

    All of which were inspired by iPod. Maybe Samsung should hire you for the appeal. But good luck trying to find a sympathetic judge. Samsung would need to offer him or her a few million US dollars first though.

  1. blahblahbber

    Banned

    Joined: 02-01-05

    Originally Posted by SockRolidView Post

    @ inkling re: "Samsung really did have iPhone-like designs before the iPhone, and Apple really did consciously copy Sony's iPhone-like design."
    All of which were inspired by iPod. Maybe Samsung should hire you for the appeal. But good luck trying to find a sympathetic judge. Samsung would need to offer him or her a few million US dollars first though.

    And the iPod was designed by someone else, not designed by Apple, no in-house inspiration... So what's your point?

Login Here

Not a member of the MacNN forums? Register now for free.

toggle

Network Headlines

toggle

Most Popular

Sponsor

Recent Reviews

Dell AD211 Bluetooth speaker

For all of the high-priced, over-engineered Bluetooth speakers in the electronics market, there is still room for mass-market solution ...

VisionTek 128GB USB Pocket SSD

USB flash drives dealt the death blow to both the floppy and Zip drives. While still faster than either of the old removable media, sp ...

Kodak PixPro SL10 Smart Lens Camera

Smartphone imagery still widely varies. Large Megapixel counts don't make for a good image, and the optics in some devices are lacking ...

Sponsor

toggle

Most Commented

 
toggle

Popular News