Apple loses bid to show patent use in Samsung trial

“Apple Inc., accusing Samsung Electronics Co. of misleading jurors at the start of a $2 billion trial over smartphone technology, lost its bid to show jurors how it uses three of five patents disputed in the case,” Joel Rosenblatt reports for Bloomberg. “U.S. District Judge Lucy H. Koh in San Jose, California, yesterday rejected the Cupertino, California-based company’s claim that it deserved the opportunity after Samsung said Apple wasn’t using the intellectual property.”

“Addressing the jury in opening arguments on April 1, John Quinn, a lawyer for Samsung, called Apple’s case a thinly veiled attack on Google Inc., whose Android operating system is used in Samsung phones, and accused the iPhone maker of exaggerating how much harm it has suffered from alleged copying of patented functions,” Rosenblatt reports. “‘Apple admits that three of the five patent claims that it is suing on were not in that iPhone and have never been in any iPhone since,’ Quinn told jurors, according to a court filing. ‘Apple doesn’t consider it valuable enough to even use.'”

“Apple yesterday asked Koh to let it show jurors how it uses the three patents and asked her to correct Quinn’s ‘false statements’ and explain the misrepresentations to jurors,” Rosenblatt reports. “Samsung, based in Suwon, South Korea, said in a filing that Apple was required to voice any objection to its argument at the April 1 opening arguments. ‘This concludes the matter, and the court can rule against Apple’s motion for this reason alone,’ Samsung said. Samsung also said that in pretrial arguments Apple gave up its right to pursue claims that it uses the patents at issue.”

Read more in the full article here.

22 Comments

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  1. Apple’s innovative days are long gone behind it, dead the day Steve Jobs’ heart stopped beating. The heart of Steve Jobs died that day, and the heart and soul of Apple died with it. Apple’s products are soulless copies of Android, HP-Palm WebOS and Windows Phone 8.

    Case in point, iOS 7 copied the notification center from Android and copied the swipe up to dismiss apps from WebOS. Not only that they made iOS 7 uglier than your toothless grandmother by copying the flatness of Windows Phone 8. So it was the right decision by the judge to deny Apple’s motion for patent infringement, the reason being Apple is the biggest copyist in town today, bar none. It shouldn’t be in a position to cry wolf when it’s a stealing thief itself.

    Apple is turning itself into a patent troll. Every motion should be denied. Just look around you at how much Apple has benefited from copying competitors like Samsung, Google, HP-Palm and others. Motion denied!

      1. Do you guys really not see how dumb and dishonest it is of you to accuse people like him of being paid shills?

        How can any sensible person want to be a part of this community of apple lovers?

    1. It’s amazing how the most relevant and informed comment on this pages was downvoted by a majority of 60+ votes.

      Who are you people? A pack of religious apple devotees?

      Why are you so loyal to a company that doesn’t care about you at all – that only cares about your money?

      1. Relevant and informed don’t matter when someone brings belligerent accusations into a sanctuary of religious devotion.

        Crusading heretics and unbelievers that expect hosannas of deliverance from the entranced faithful are simply stupid.

  2. Apple refuses to follow the Samsung legal strategy of just presenting its case to the jurors against Koh’s orders.
    Apple continues to try to act like the good guy, but Koh has shown that good guys finish last.
    Maybe Apple is building an air-tight case to prove Koh’s incompetence, and have all of the anti-Apple decisions over-turned, and the trials moved to a new venue with a sane judge.

    1. Well, she *is* Korean…I’d be curious to see a geneology trace to see how many of her relatives back in Korea *work* for Samsung….or are being paid off by them.

      I’m only half-joking there….some of her rulings have been SO obviously biased against Apple (or for Samsung) that an investigation into her Samsung/Korea ties really should be conducted.

  3. So what we have here is a trial about patents, but we are not going to allow the demonstration of patents and how they work. Yep. The US patent system continues it’s demonstration of a pile of rubble, pretending to make sense. If Steve Jobs were alive, he would be blistering the skin off this Judge. And then there’s Judge Cote the Cutie, Blockhead of the year. If your kid starts a kool-aid stand on your street, she would assume there was a monopoly forming and she would find your kid guilty of of price fixing even before they sold anything. The fact that a kook-aid stand on the next block had 70-90% of the market would have no effect on her thinking. Great Patent System. Pure genius. Billions of dollars of money has flowed out of America because of this crap.

  4. If this isn’t grounds for appeal NOTHING is.

    If you can’t tell the jury that the other side directly and clearly violated the judge’s pre-trial orders, AND you can’t tell the jury that the other side outright lied, then this must be grounds of appeal.

    Intentionally violating the judge’s pre-trial orders can be grounds for heavy sanctions against the lawyers who do it. However, it is painfully clear that Koh is not going to sanction Quinn Emanuel for anything!

    I know the U.S. has a LEGAL system and NOT a JUSTICE system. However, most appeals courts *try* to make it seem like a justice system.

  5. Whether or not Apple is using its own patents is immaterial; the trial is about whether Samsung is illegally using Apple’s patents without permission.
    Samsung is just trying to devalue these patents in order to minimise the final payout they’ll have to make.

  6. If Apple’s lawyers failed to object when Samsung’s made the argument, they can’t come back and complain the next day. They had a remedy and chose not to avail themselves of it. No American judge, regardless of ethnicity, is going to allow them a second bite at the Samsung. Every first-year law student knows that if you snooze you lose. Apple’s lawyers gambled that their tactic of not objecting would open the door. They lost. Their fault, not the judge’s.

  7. May be Apple should lose this case. So, next time Apple gets sued by some IP law firm, Apple can use it as precedence. Anyway did Samsung admit to infringe on Apple’s “unused” patent?

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