Apple asks Judge Koh to rule in its favor after Samsung’s excluded evidence leak

“Apple has asked the federal court judge presiding over its patent infringement case against Samsung to rule in its favor, after the South Korean company’s legal team publicly released evidence that had been excluded from trial,” John Paczkowski reports for AllThingsD.

“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.

Related articles:
Apple says it will seek sanctions over Samsung’s press release of excluded evidence – August 2, 2012
The 125-year-old U.S. patent law that could cost Samsung $2 billion for slavishly copying Apple’s designs – August 1, 2012
Samsung defends decision to share excluded evidence with media – August 1, 2012
Apple says jury should learn that Samsung destroyed evidence – August 1, 2012
Samsung, after ‘begging’ to get Sony into Apple patent trial, flouts judge and releases ‘excluded evidence’ anyway – July 31, 2012
Apple v. Samsung Live Blog: Trial opens with one juror gone, Samsung begging – July 31, 2012
Apple attorney: Instead of innovating, Samsung chose to copy iPhone and iPad – July 31, 2012
Apple aims for total war, salted earth in Samsung patent infringement fight – July 31, 2012
Apple-Samsung jury picked to decide U.S. patent trial; Google engineer fails to make final cut – July 30, 2012


  1. Samsung, now that they have received a stay on the Galaxy injunction until the trial is over, definitely looks to be steering for a mistrial, so this ruling can be pushed back until next year. It’s in Samsung’s favor to drag this out as long as possible.

  2. As much as I agree that Apple’s patents are valid and have been infringed upon, I don’t want Apple to win this way. I don’t want people to be able to say “Apple won on a technicality” I want it to be clear to everyone that Apple won based on merit.

    1. Sounds like your saying some would interpret as an imperfect win. But a win is still a win. Remember several former Presidents that have no problem with that … 😉

      1. Perfect Solution …… Get a temporary stay against all SamDung phones and tablets …..

        Declare this trial a mis-trial and reschedule ….. SamDung can’t sell any phones or tabs until resolved …..

        Ten later next year the courts can decide …

  3. I suspect this is a formality, like on TV when a defense attorney asks for charges to be dismissed and the judge doesn’t bat an eye before saying “denied”.

    Although, I supose Koh could be fed up with the Samsung monkey business, and this might have tipped her over the edge.

  4. As been reported, Korean, Chinese and Indonesian olympians were disqualified for loosing on purpose, with the intent to gain an upper hand in the long run.

    What if there is a cultural ideology where loosing isn’t loosing as long as you win in the end or if maybe the objective is not the same as your opponent.

    Maybe Samsung’s objective is to ruin Apple’s name and popularity, copying and other tactics is a long term plan to sink and provoke Apple into behaviors which alienate them.

    Hasn’t Samsung been targeting Sony, coping their products as well?

    If they had a nuke and thought it they could get away with using it, they would, yes?

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