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Samsung’s lawyers breached the rules again, showed witnesses the courtroom prior to testimony

Saturday, August 4, 2012 · 1:21 pm · 32 Comments

“Samsung’s lawyers just avoided being sanctioned for a controversial press statement (they merely got an earful from Judge Koh, who may look at their overall conduct again when the trial is over) but continue to annoy Judge Koh and to breach the rules of the #iCourt, as it is called on Twitter,” Florian Mueller reports for FOSS Patents. “Late on Friday, Quinn Emanuel attorney Christopher Stretch filed a declaration in response to the court’s request concerning an August 2 (Thursday) visit to the Ceremonial Courtroom.”

Read more in the full article here.

[Thanks to MacDailyNews Reader "Brawndo Drinker" for the heads up.]

Categories: News

Tags: iPad, iPad knockoffs, iPad wannabes, iphone, iPhone knockoffs, iPhone wannabes, Judge Lucy Koh, legal, patent infringement, slavish copiers, Tags: Apple v. Samsung, trade dress infringement

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Comment Feed

32 Comments

quiviran

Saturday, August 4, 2012 - 1:33 pm · Reply

They seem to be trying to draw a mistrial or adverse ruling. Either way keeps the clock going on the stay of the injunction against Samsung selling it’s infringing products. A few days in the slammer for contempt might help their attitudes.
botvinnik

Saturday, August 4, 2012 - 1:43 pm · Reply

I don’t understand what that means.
- Abdullah
  
  Saturday, August 4, 2012 - 2:25 pm · Reply
  
  Apple has been given an injunction banning Samsung products being sold in the US. Samsung managed to get a “stay” on the injunction – meaning the sales ban will not be enforced until a decision is made in this case. So as long as this case doesn’t get settled one way or another, Samsung can continue selling the “banned” products.
  
  What Quiviran is suggesting (I think) is that Samsung is basically trying to delay this case reaching a decision for as long as they can with all these shenanigans – or maybe even hoping that the judge will declare a mistrail, so that everything has to go back to the drawing board before the trial itself has to start all over again (which could take months or even longer).
  
  That way, the sales ban will not be enforced and Samsung can continue selling their products. The difference could be millions of units sold.
  
  That’s my understanding of Quiviran’s post.
Ansel

Saturday, August 4, 2012 - 2:15 pm · Reply

Sanction phones in question until trial is over and let jury know about all their tricks, as explained from the judge’s mouth!
Spark

Saturday, August 4, 2012 - 2:55 pm · Reply

You would think that with all the Samsung shinanigans in this case, that Apple could eventually request that the stay on the injunction be dropped. I mean that if Apple could show enough evidence that Samsung is purposely dragging the trial out, or attempting to derail a final ruling, a judge would be inclined to re-enforce the Galaxy injunction.
peterblood71

Saturday, August 4, 2012 - 3:04 pm · Reply

Anyone who buys a Samsung product at this point is a complete and utter a-hole like the company itself. Because of this blatant bad (and guilty as charged) behavior s far as I’m concerned their stuff is banned for life from my household.
- Seamus
  
  Saturday, August 4, 2012 - 4:09 pm · Reply
  
  Cool it with the name-calling. Most of the general public probably don’t even have any idea this trial is happening right now, and most of those that do have very little information.
  
  Now, if someone were going to say, “Anyone who reads MDN, who buys a Samsung product…..”, that’s another matter.
- MacFreek
  
  Saturday, August 4, 2012 - 7:35 pm · Reply
  
  What will you do with Samsung components that may exist in your precious device? Don’t be an asshole, rip them out.
  - Derek Currie
    
    Saturday, August 4, 2012 - 8:06 pm · Reply
    
    There ARE SameDung (;-)) products that are NOT integrated into other products, you know. It might be useful to consider the wisdom of buying these individual products in light of the consistently deceitful behavior of ShamDoink. (:lol:)
    
    ***For the uninformed visiting MDN: My silly and sarcastic names above are referring to the Korean technology hardware company ‘Samsung’. They are well known among technology experts to be imitative, rather than innovative. Having used Apple products as their template for imitation, sarcasm directed at Samsung is thoroughly deserved as are the plentiful lawsuits against them by Apple. Please Google the terms “Samsung sucks” for further information. I hope that is helpful. Have a nice day.
    - Alan
      
      Sunday, August 5, 2012 - 9:30 am · Reply
      
      The same dung you’ve been slinging around. How old are you? 8? That’s soooo funny …. that everyone forgot to laugh.
      
      You don’t have to explain what you making SILLY, yes SILLY, and sarcastic names about. It’s right up there in the title of the article.
      
      > Having used Apple products as their template for imitation
      
      That’s debatable ,,, and exactly what the court will do.
      
      It’s ok for Apple to use products as a template for imitation and innovation … but no one else is allowed to do that. It’s ok for Apple to take Samsung’s things that are patented and use tnem. But at least Samsung was wise enough not to litigate against a partner and big customer.
      - Derek Currie
        
        Sunday, August 5, 2012 - 9:01 pm · Reply
        
        It’s ok for Apple to use products as a template for imitation and innovation … but no one else is allowed to do that.
        
        Blatant invention.
        Desperation behavior!
        So obvious!
        Just saying.
        
        But hey, at least you guys are brilliant at making up excuses, however fictional, for your criminal behavior. That puts you right on a par with China: Criminal Nation. Congratulations!
        
        What do you have to say to that, anonymous coward ‘Alan’ the Samsung troll? This is fun.
alanaudio

Saturday, August 4, 2012 - 3:12 pm · Reply

When you read the more complete version of events in Florian Mueller’s article, it’s hard to believe that this was an innocent oversight.

When the Samsung legal team found that the courtroom was locked, they got the courtroom opened by saying that they simply wanted to show some people round. At some point Mr Stretch mentioned that he was part of Samsung’s trial team ( which is why the incident was later reported to Judge Koh ), but he conveniently failed to mention that they were in fact witnesses who were specifically not allowed in the court beforehand.

In his sworn declaration, he mentions that he “could not take them to the courthouse while trial is in session because of the parties’ agreement that fact witnesses may not be present in court before they give testimony”. However, despite knowing that witnesses may not be present in court before giving testimony, he still took them into that court before they were to give testimony.

Judge Koh should simply bar those witnesses from taking part in the trial as they had defied the agreement not to go into court beforehand.
- Seamus
  
  Saturday, August 4, 2012 - 4:06 pm · Reply
  
  With lawyers working at this level, there is no such thing as an “innocent oversight”.
  - alanaudio
    
    Saturday, August 4, 2012 - 5:22 pm · Reply
    
    That’s what I mean.
    
    They deliberately chose to do something that they were specifically forbidden to do.
- Alan
  
  Sunday, August 5, 2012 - 9:10 am · Reply
  
  I think the “color” of Not Allowed in Court beforehand is to prevent them from being in the Court In Session of this trial where they would hear things … like other testimonies and other information that might taint their witnessing. I just don’t thing they’ve done that. The court was closed and not in session. I don’t think “court” means an empty courtroom. I think it means In Session on This Trial. The court is a process … not an empty room.
Gk

Saturday, August 4, 2012 - 6:25 pm · Reply

Maybe someone should give the courtroom a thorough check.

Wouldn’t be surprised if Samsung lawyers had used this as an excuse to plant microphones on Apple’s bench.
- botvinnik
  
  Saturday, August 4, 2012 - 7:12 pm · Reply
  
  If so, they’ll find that the hidden mics are patented Apple designs.
  - Gk
    
    Sunday, August 5, 2012 - 6:37 am · Reply
    
    I doubt it, if anything Samsung are world leaders in spy technology. Search for “Samsung Spy TV” to understand why.
- TheMacAdvocate
  
  Saturday, August 4, 2012 - 7:43 pm · Reply
  
  Or the jury room.
Derek Currie

Saturday, August 4, 2012 - 7:35 pm · Reply

The usual SameDung strategy:

If you can’t win, CHEAT

Samsung: You are soooo screwed. And obviously you know it.
Derek Currie

Saturday, August 4, 2012 - 7:58 pm · Reply

A good outcome here = not a mistrial, but some good old fashioned Contempt Of Court rulings while the jury is in session. I’d consider that to be extremely informative. How about it Judge Koh?
- Ansel
  
  Saturday, August 4, 2012 - 10:43 pm · Reply
  
  Contempt of Court ….. In front of everyone and disallow all the visitors of that day to participate in trail unless called by Apple!
  - Derek Currie
    
    Saturday, August 4, 2012 - 10:55 pm · Reply
    
    ooo! even better!
    - Alan
      
      Sunday, August 5, 2012 - 7:25 am · Reply
      
      Hang them upside down and tickle their feet with a iPhone. You nuts will never be satisfied until Apple can be the only one selling good products. Deep inside you are all afraid …. Samsung will continue selling beautiful and “better stuff” products than Apple and your fan club memberships will go down.
      - Derek Currie
        
        Sunday, August 5, 2012 - 8:52 pm · Reply
        
        Since when has Samsung ever shipped products that are ‘beautiful’ and ‘better stuff’ than anything Apple.
        
        You’re actually here to troll because Samsung is afraid they’ll have their heads suitably ripped off for having ripped off Apple’s IP. Plain and simple. You’re sweating desperation. It’s not hard to tell. But please do troll away! We consider it a form of amusement at this point. It’s nothing new to Apple experts.
        
        As ever: I’ve consistently been a fan of competition and insist that Apple require competition. But what no company needs is copycat parasites. Thankfully the law states that as well, which is why Samsung is soooo screwed. Watching IP ripoff criminals go down is another Apple expert form of amusement. It too is nothing new.
breeze

Saturday, August 4, 2012 - 11:20 pm · Reply

This wreaks of GoOgle
Whocares.me

Sunday, August 5, 2012 - 1:14 am · Reply

Who cares let people buy whatever phone they want – once they try the best phone they won’t want any of the other phones anyway
Alan

Sunday, August 5, 2012 - 6:53 am · Reply

Cut … Cut … Cut! Every back to their marks and come out with more stupid comments and name calling (and boycott threats) – especially targeted at Samsung. They showed them the courtroom on a day it was closed. It’s not like they let them listen in on THIS actual trial. Some wags are going to comment now every time the Samsung guys take a shite and don’t wipe the way they think they aught to See! See! That makes them deceitful.
Zuno the Clown

Sunday, August 5, 2012 - 8:41 am · Reply

And cue the Samsung-paid trolls…
- Alan
  
  Sunday, August 5, 2012 - 9:00 am · Reply
  
  Yah I’m sure Samsung has paid forum trolls on their payroll. Unfortunately you can’t fix stupid.
  - Zuno the Clown
    
    Sunday, August 5, 2012 - 10:46 am · Reply
    
    Taking things personally?
  - Derek Currie
    
    Sunday, August 5, 2012 - 8:55 pm · Reply
    
    Unfortunately you can’t fix stupid.
    
    Dear anonymous coward ‘Alan’: Why would we want to ‘fix’, stupid. You’re the rat. We’re the cats. We always play with our food before we kill it.
    
    Please do troll on ‘Alan.’