Apple seeks 'emergency' sanctions against Samsung

Apple yesterday said that it will file for penalties against Samsung in the US Federal Court case between the two companies.

(Credit: Apple)

Apple is not happy with Samsung's explanation for why Samsung published excluded evidence outside of court yesterday.

In a letter to US District Court judge Lucy Koh yesterday afternoon, Apple's lawyer William Lee said that the company found Samsung's letter to the court — which was filed by John B Quinn of Samsung's law firm Quinn Emanuel Urquhart & Sullivan earlier on Wednesday — to be unsatisfactory.

"Mr Quinn's declaration does not address two of the court's questions: who drafted the statement and who released it," Lee wrote. "Samsung's multiple references to the jury in its statement make plain its intent that the jurors in our case learn of arguments the court has excluded through the press."

As a result, Lee said that Apple will file an "emergency motion for sanctions" as well as "other relief that may be appropriate".

In other words, Apple wants Samsung to get in trouble for what it thinks is not playing by the rules in court. What exactly that penalty will be will be laid out in Apple's subsequent filing.

The evidence in question were slides of Samsung's phone designs, as well as an excerpt from the deposition of former Apple designer Shin Nishibori. In its statement yesterday, sent to CNET and other news outlets, Samsung said that the "excluded evidence would have established beyond doubt that Samsung did not copy the iPhone design".

The squabble is the latest between the two companies during the case. The two sides spent a considerable portion of the first two days of court vying for various parts of evidence to be included or excluded from opening statements and testimony. The case picks back up on Friday, with a continuation of the testimony of Apple SVP Phil Schiller.


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RoedyG posted a comment   

Samsung does not screw over its customers the way Apple does, so I am rooting for Samsung. It is solid value vs flash. The problem with a lawsuit like this is the judge has never programmed a line of code in his life, or even put together an old Heathkit. His notions of what the arguments about are like like a 4 year old trying to adjudicate a case between a prostitute and client going awry. Judges are incompetent, and tend to reason by analogy, which leads them to strongly overvalue superficial similarities, like both come in a silver case. We need special purpose judges who have training in electronics to judge cases like this.


Im Batman posted a reply   

FYI, the judge in this case is female.
Judges often have to adjunicate beyond what they are 100% familar on.
The jury knows even less, but they are the ones that have to be educated during the trail and make the decision.

If you think that Judges reason too simply and that their arguements are soft... check out Judge Richard Posners latest ruling in the Apple v Motorola case the other month.
He chucked the case out due to the arguements being pity and poor... he has some nouse!


Im Batman posted a comment   

Not a smart move by Samsung (well their lawyers anyway).
Regardless how upset you are with having information that you are basing your case around being excluded, you do not release it to the media... the bread crumb trail is not very long to hide behind.

For a case like this you have to stay beyond reproach, they obviously have a ton of useful material... just change your arguements to suit, thats what those laywers do best!!

Regardless of the outcome, i hope that this doesn't kill it for Samsung ... such a n00bs error if it does!!

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