68 replies to this topic

[+Mephistopheles]

Apple wants Samsung case dismissed with winning verdict because of leaked evidence

Apple has filed a request over Samsung's decision to release rejected trial evidence to the media, asking Judge Lucy Koh to respond by issuing a verdict that says Apple's patents are valid and Samsung infringed on them. The statement notes that Samsung has been sanctioned several times, most recently for destroying evidence, claiming the company may even welcome a mistrial in order to further its "strategy of delay" and make it more likely jurors would have seen the excluded evidence Samsung leaked. Apple also says Samsung leaked the evidence without press asking for it, something that was true in our case.

Because of this, Apple says that making a judgment and dismissing the case is the only way to "fully rectify the harm that Samsung and Mr. Quinn have caused." Rejecting the idea of fining Samsung, "Apple respectfully requests that the Court sanction Samsung by granting judgment in favor of Apple on its claim that Samsung infringes Apple’s phone design patents, and granting judgment that those patents are not invalid."

Barring this, Apple wants the court to tell the jury that Samsung "engaged in serious misconduct" and copied the designs in question, then stop Samsung from offering any more evidence about the Sony-style design documents it leaked. The "Sony design exercise" evidence has already been rejected, but it's unlikely that Judge Koh will rule in Apple's favor in order to sanction Samsung.

Source: The Verge

[guitmz]

this is pure BS! just make a deal or something.. apple is becoming annoying as hell

[Xenon]

The way that Judge Lucy Koh has been ruling, it would not surpise me if she granted it. It appears that she is not really that impartial when apple is involved.

[thealexweb]

Restart the whole thing under a fresh judge, one who seems less bias.

[evo_spook]

thealexweb, on 02 August 2012 - 17:51, said:

Restart the whole thing under a fresh judge, one who seems less bias.

Maybe Samsung should stop being idiots first.

1st the ask to submit evidence months too late after deadline
2nd they then realise it to the public

The judge isn't biased, Samsung are being idiots or worse.

[guitmz]

dismiss the f*cking case... they already have plenty money anyway lol

[z0phi3l]

Even if she did the Appeals Court would throw the verdict out due to the blatant bias the "judge" has shown Apple

[Buttus]

so they tried to get some pics into evidence, the judge says no, so they release it to the media...

i guess that means it wasn't evidence?

[Glassed Silver]

Buttus, on 02 August 2012 - 17:57, said:

so they tried to get some pics into evidence, the judge says no, so they release it to the media...

i guess that means it wasn't evidence?

I could be wrong, but the way I understood it is that once you submit anything to court as evidence it's legally wrapped into a NDA-eque "coating" - making it public then is not legal.

Any lawyer feel free to comment on my half knowledge.

Glassed Silver:mac

[+Vice]

I hope Apple win because of this. It will just be so hilarious to see people on here flipping out.

[Ryoken]

I'm so glad Neowin is full of people well versed in Patent law that they know that the judge in biased, and they get to that view without any personal animosity towards one of the companies..

Oh, wait..

[.Neo]

Vice, on 02 August 2012 - 18:21, said:

I hope Apple win because of this. It will just be so hilarious to see people on here flipping out.

iPad: €480. People on Neowin going mental over this: Priceless.

[JJ_]

Ryoken, on 02 August 2012 - 18:23, said:

I'm so glad Neowin is full of people well versed in Patent law that they know that the judge in biased, and they get to that view without any personal animosity towards one of the companies..

Oh, wait..

Sarcasm is the lowest form of wit but it takes a high form of intelligence to use it to its full potential

[thealexweb]

evo_spook, on 02 August 2012 - 17:53, said:

Maybe Samsung should stop being idiots first.

1st the ask to submit evidence months too late after deadline
2nd they then realise it to the public

The judge isn't biased, Samsung are being idiots or worse.

it's not just that, at every turn she has shown to give preference to Apple.

[ichi]

Of course Apple would try this, but it's a load of bull. Read Mr Quinn's explanation of the issue and how they had every right to release that info.

evo_spook, on 02 August 2012 - 17:53, said:

Maybe Samsung should stop being idiots first.

1st the ask to submit evidence months too late after deadline
2nd they then realise it to the public

The judge isn't biased, Samsung are being idiots or worse.

Glassed Silver, on 02 August 2012 - 18:04, said:

I could be wrong, but the way I understood it is that once you submit anything to court as evidence it's legally wrapped into a NDA-eque "coating" - making it public then is not legal.

- No court order forbid releasing anything to anyone.
- The court had actually ordered to unseal documents and keep the whole process open.
- Apple themselves had realeased information before about this very case (dockets number 1428-1, 1438-2, 1429-13 and 1451).
- Jury can't be influenced since they aren't allowed to read any media coverage.

Why should the case be dismissed, again?