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Judge Koh once again bars Samsung from using excluded ‘Sony’ theory

“Judge Koh shows no signs of bowing to public pressure from Samsung. She stands firmly behind her own and Magistrate Judge Grewal’s decisions to exclude certain claims and materials, while trying to conceal her annoyance at Samsung’s repeated attempts to justify the use of certain arguments and documents with new legal theories,” Florian Mueller reports for FOSS Patents. “While it’s understandable that Samsung’s lawyers wish to preserve the record for an appeal, Samsung keeps banging its head against a brick wall with motions that are creative in terms of presenting a diversity of legal theories but very repetitive as far as the relevant facts are concerned.”

Mueller reports, “After confirming that Samsung won’t be allowed to use such ‘evidence’ as pictures from the 2001: A Space Odyssey movie and the Tomorrow People TV series, Judge Koh also ruled on an Apple motion necessitated by Samsung’s use of arguments and references to evidence concerning a ‘Sony style’ design project at Apple in its trial brief. Apple didn’t ask for a new ruling: it merely brought a motion to enforce a previous order by Judge Grewal.”

Read more in the full article here.

MacDailyNews Take: 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.

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