“That evidence was pulled together in support of Samsung’s argument that Apple derived the original design of the iPhone from Sony — an argument excluded from the case because Samsung didn’t disclose it until after the discovery phase of the trial concluded,” Paczkowski reports.
MacDailyNews Take: Not to mention that it’s ludicrous. A 2006 Sony Walkman inspired by Apple’s iPod that was predated by a 2005 Apple prototype that looks just like a current-gen iPhone is irrelevant.
Paczkowski reports, “Apple, in its motion for sanctions, argues that Samsung’s broadcast of excluded evidence is not only a clear attempt to prejudice the jury, but part of an emerging pattern of misconduct… From Apple’s perspective, Samsung’s release of excluded evidence at a time when the jury will be away from Court for two days, was not only a clear attempt to prejudice the jury but a gambit for a mistrial. But Apple has no plans to request a mistrial. To do so, the company argues, would be to reward Samsung’s misconduct. ‘The proper remedy for Samsung’s misconduct is judgment that Apple’s asserted phone design patents are valid and infringed,’ Apple’s attorneys conclude.”
Read more in the full article here.
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