Apple to file sanctions over Samsung's evidence 'leak'

Posted:
in General Discussion edited January 2014
In a letter to Judge Lucy Koh on Wednesday, Apple said it plans to file an emergency motion for sanctions and "other relief that may be appropriate" as a result of Samsung's issuance of excluded evidence to media outlets earlier this week.

Apple's letter informed Judge Koh, who is presiding over the Apple v. Samsung California court case, the motion for sanctions would be filed later on Wednesday ahead of possible talks over the issue to follow on Thursday but as of this writing no such document has been seen. The letter was issued by Apple attorney William Lee, a partner in the Litigation/Controversy and Intellectual Property Departments at law firm WilmerHale.

Samsung on Tuesday released an email with presentation slides containing text of a deposition from former Apple designer Shin Nishibori regarding a "Sony-styled" iPhone, an exhibit that Judge Koh ruled could not be used during the trial. The Korean company also issued a statement saying "the excluded evidence would have established beyond doubt that Samsung did not copy the iPhone design."

When Apple notified Judge Koh of the situation the jurist reprimanded Samsung's legal counsel, ordering a brief detailing who authorized the email. John Quinn of Quinn Emanuel Urquhart & Sullivan LLP filed his declaration on Wednesday saying he authorized the dissemination but argued the action was "ethical" and "legal" according to standards put forth by the Court.

William Lee
WilmerHale partner William Lee.
Source: WilmerHale


The entirety of Samsung's statement was reprinted in Apple's letter and accompanied examples of media reports containing the leaked evidence:
The Judge's exclusion of evidence on independent creation meant that even though Apple was allowed to inaccurately argue to the jury that the F700 was an iPhone copy, Samsung was not allowed to tell the jury the full story and show the pre-iPhone design for that and other phones that were in development at Samsung in 2006, before the iPhone. The excluded evidence would have established beyond doubt that Samsung did not copy the iPhone design. Fundamental fairness requires that the jury decide the case based on all the evidence.
Apple argues the statement's repeated reference to the jury can be interpreted as a deliberate attempt to influence the trial, however Quinn said exactly the opposite in his declaration:
Samsung's brief statement and transmission of public materials in response to press inquiries was not motivated by or designed to influence jurors. The members of the jury had already been selected at the time of the statement and the transmission of these public exhibits, and had been specifically instructed not to read any form of media relating to this case.
The Apple v. Samsung trial is scheduled to reconvene on Friday when Apple Senior Vice President of Worldwide Marketing Phil Schiller will retake the stand to complete his testimony which was cut short on Tuesday. It was recently reported that Schiller will be followed by Apple's iOS chief Scott Forstall.
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Comments

  • Reply 1 of 68
    tallest skiltallest skil Posts: 43,399member


    I think… oh, that would screw up formatting on the articles proper, wouldn't it?



    I was going to say that I think quotes (such as the included Samsung letter) on the forum should use the quote offset to distinguish them visually, but again, that'd probably screw up the articles themselves trying to account for that.


     


    Also, it'd be nice to see the default quote box not only lose surrounding whitespace, but also the top line. We only use those boxes for one thing, so seeing "Quote:" every time is redundant. I've started manually removing them, and I like how it looks, myself.


     


     


    Quote:


    Originally posted by Testy McTesterson


    Standard quote box after having hit Return once after 'myself' up there. Note the extra line space it adds above the box that reinserts itself even if you delete it while typing your post.



     


    _________Delineation_________


     




    Originally posted by Testy McTesterson


    Proposed quote box formatting after having hit Return once. Plus maybe kicking down the padding to 7px 5px; 


  • Reply 2 of 68
    solipsismxsolipsismx Posts: 19,566member
    Since there is no trial tomorrow I hope there is a new episode of Suits tomorrow night.
  • Reply 3 of 68
    sennensennen Posts: 1,465member


    How long til a certain deceased## posts in here?

  • Reply 4 of 68
    solipsismx wrote: »
    Since there is no trial tomorrow I hope there is a new episode of Suits tomorrow night.

    It's all a well thought out chess game.

    Actually kind of a circus too, distraction and manipulation of the general public.
  • Reply 5 of 68
    gtrgtr Posts: 3,231member
    Are any of these legal 'episodes' available on iTunes?

    It'd make an interesting TV series... (>_<)
  • Reply 6 of 68
    blitz1blitz1 Posts: 412member
    I don't see the problem for Apple. Didn't they claim that it's established that whatever Samsung prooduces that it is inspired by the iPhone, beyond any doubt or evidence?

    Why so serious about this?
  • Reply 7 of 68
    vaelianvaelian Posts: 446member

    Quote:

    Originally Posted by Blitz1 View Post



    I don't see the problem for Apple. Didn't they claim that it's established that whatever Samsung prooduces that it is inspired by the iPhone, beyond any doubt or evidence?

    Why so serious about this?


    Since when is slander required to be based on facts?  Apple demonstrating that Samsung is wrong doesn't prevent Samsung from fabricating evidence and trying to convince the general public that they are the good guys, and this isn't too far fetched either, they've already destroyed evidence too, even against court orders...

  • Reply 8 of 68
    blitz1blitz1 Posts: 412member
    Slander? Fabricated? How would you know?
  • Reply 9 of 68
    gtrgtr Posts: 3,231member

    Quote:

    Originally Posted by Blitz1 View Post



    I don't see the problem for Apple. Didn't they claim that it's established that whatever Samsung prooduces that it is inspired by the iPhone, beyond any doubt or evidence?

    Why so serious about this?


     


    Care to provide us all with a list of the awesome innovations Samsung has 'prooduced' over the last decade or so?


     


    We'll clear a little extra room in this thread for you to do so...


     


    Or weren't you so serious?


     


    image

  • Reply 10 of 68
    blitz1blitz1 Posts: 412member
    Maybe you should take a look at their patent portfolio...

    They actually have and produce all the technology to device a smartphone and glued it all with android.
  • Reply 11 of 68
    vaelianvaelian Posts: 446member

    Quote:

    Originally Posted by Blitz1 View Post



    Slander? Fabricated? How would you know?


    I do not, and I did not imply it either, only presented the possibility in reply to your question in the previous post.

  • Reply 12 of 68
    vaelianvaelian Posts: 446member

    Quote:

    Originally Posted by Blitz1 View Post



    Maybe you should take a look at their patent portfolio...

    They actually have and produce all the technology to device a smartphone and glued it all with android.


     


    While that's true, that's not what's being debated in this trial.  What's being disputed is exactly how they glued it all, not whether they have the technology.  I know it's hard for you, but try to actually understand the context...

  • Reply 13 of 68
    gtrgtr Posts: 3,231member

    Quote:

    Originally Posted by Blitz1 View Post



    Maybe you should take a look at their patent portfolio...

    They actually have and produce all the technology to device a smartphone and glued it all with android.


     


    I knew your response would be half-assed, but to not be able to produce a single example...


     


    Shame, Blitz, shame!

  • Reply 14 of 68
    ecsecs Posts: 307member


    I hope AppleInsider makes a quick abstract of all this Samsung-Apple stuff when the series end. I didn't read any episode and, looking at the number of them, I'm afraid I missed some cool stuff here.

  • Reply 15 of 68
    hill60hill60 Posts: 6,989member

    Quote:

    Originally Posted by Blitz1 View Post



    Maybe you should take a look at their patent portfolio...

    They actually have and produce all the technology to device a smartphone and glued it all with android.


     


    So why did Samsung pay Kodak for photography patents as an example of at least one instance where Samsung does not  "actually have and produce all the technology to device [sic] a smartphone"?


     


    The royalties Samsung pay Microsoft is another example.


     


    Too bad they based their TouchWiz "glue" on Apple's work, or they wouldn't be in this mess.

  • Reply 16 of 68
    timmydaxtimmydax Posts: 284member


    Originally Posted by Tallest Skil View Post


    ...seeing "Quote:" every time is redundant. I've started manually removing them, and I like how it looks, myself.



     


    Looks great. But can we sort out being able to... use Apple devices (!?!) like... maybe iPhones without ...crying... first?


     


    Maybe just make it 703px all the way down? I mean an iPhone-specific theme would be great (maybe just put the name above the comment!?!)


     


    Frankly, imo there's a lot more to worry about.


     


    Quote looks good though dude.

  • Reply 17 of 68


    I think Samsung's lawyers are being very disingenuous when they state 


     






    Samsung's brief statement and transmission of public materials in response to press inquiries was not motivated by or designed to influence jurors. The members of the jury had already been selected at the time of the statement and the transmission of these public exhibits, and had been specifically instructed not to read any form of media relating to this case



     


    The very fact that the evidence was disallowed makes it relevant to the fact that the jury had already been selected. Just because they have been instructed not to read any form of media related to the case doesn't mean they're going to walk around outside the court with their ears and eyes shut. It's almost inevitable that they will come across commentary or reporting on the case entirely incidentally and pick up snippets of what Samsung's lawyers have released. It will sow a seed in a jurors' minds that will not be addressed satisfactorily in court since the evidence will not be placed formally in front of them. What's more, by creating this complaint right at the very beginning, Samsung is clearly laying the groundwork for an appeal if the verdict doesn't go their way. It's not 'jury tampering' but it's the next best available thing and it's deeply cynical. In the UK, where I am, such a thing is called Contempt of Court and, certainly for criminal trials, would result in either a mis-trial or even jail time for the party/ies carrying out that contempt. Judge Koh is described as livid and I can well understand why. It clearly attempts to undermine the conduct of the trial from outside her court and in her place I would be hopping mad too.

  • Reply 18 of 68
    cash907cash907 Posts: 893member

    Quote:

    Originally Posted by SolipsismX View Post



    Since there is no trial tomorrow I hope there is a new episode of Suits tomorrow night.


     


    There is. Donna is in the hot seat.


     


    Here's my question: why did no one notice that the report that magically showed up AFTER the suit was brought against Harvey and the firm was claimed to have never been written by the author, when she was confronted by Harvey? That plot hole has been driving me crazy for two weeks now.

  • Reply 19 of 68
    moinqgmoinqg Posts: 2member


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  • Reply 20 of 68
    moinqgmoinqg Posts: 2member


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