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

[+Frank B. Subscriber²]

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]

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

[Anibal P]

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]

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. :p

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]

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_]

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]

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.

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.

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?

[Noir Angel]

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. :p

Glassed Silver:mac

It wasn't allowed into evidence, which made it Samsung's data to do whatever the hell they wanted with. I guess Apple could sue them for Slander but they'd have to prove the claims Samsung were making in the press release were false which seems unlikely to me.

[psionicinversion]

Yet it its ok for apple to photoshop there images and submit them in court.

[Anooxy]

I'm soo loving this series. By the way things are looking, the judge is clearly biased... all her devices are probably iGadgets.

[Som]

I don't think Samsung have much of a problem, they make everything , even parts for the bloody iphone. Apples problem is they have no more good ideas and instead of innovating, they're panicking ...

[Boz]

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..

It has nothing to do with being versed in law.. the judge before she became a federal judge worked for a company representing Apple and she's a patent judge. So in both cases she is "embracing" and supporting the ridiculous patent system Apple abuses and she most definitely already has history working for Apple.

She certainly wants to uphold the patents since that's her bread and butter when's she's not a federal judge anymore.

So yes.. she's most definitely biased and quite possibly corrupt.

I don't think Samsung have much of a problem, they make everything , even parts for the bloody iphone. Apples problem is they have no more good ideas and instead of innovating, they're panicking ...

That's why they are trying to get this won like this. Because accusing a company that makes half of your parts and has been in that market for far longer AND had designs prior to iPhone, just makes Apple look like blabbering idiots.

And they will probably succeed.. They got this in a bag.. a corrupt judge, Samsung being idiots and there you go.

[techbeck]

No secrete that the Koh is biased and favors Apple. I doubt she will rule in Apple's favor as this would pretty much confirm her bias. They need a judge like Posner that saw the case for what it was and favored no side.

Regardless who wins, the customers will lose and this case will be appealed. Dont think this is going to be over anytime soon.

And the jurors are banned from watching/looking at anything that could influence their decision in the case. So kinda doubt they even saw what the Samsung lawyer leaked.

[Boz]

It wasn't allowed into evidence, which made it Samsung's data to do whatever the hell they wanted with. I guess Apple could sue them for Slander but they'd have to prove the claims Samsung were making in the press release were false which seems unlikely to me.

They can't sue them for anything..

A) The judge denied confidentiality on evidence and information in this case to both Apple and Samsung (see here: http://www.reuters.c...E86H05520120718)

B) Second, the images and ALL information Samsung has shown have already been in the public domain. This is not something anyone else couldn't make based on models Samsung showed in those photos

C) Since secrecy was denied, Judge should have sequestered the jury when she knew the information will be shown publicly and might be exposed to jury during the trial. And the fact that since this information was not allow as evidence in this case, it's irrelevant to the case and Samsung should have had all the right to show it and publish it to gain public support. There is nothing wrong with it in exposing Apple's BS.

[techbeck]

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..

There are other things she has done and the biased comments are not based on this article.

And it doesnt take someone well versed in patent laws to see that the system is broken.

[Hardcore Til I Die]

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?

Inadmissible evidence is still evidence.

[Boz]

Inadmissible evidence is still evidence.

LOL what?