Apple thinks court should rule in its favor as punishment for Samsung’s leaked evidence

In some other universe Samsung and Apple are getting along just fine, but in this universe the proceedings in a California courtroom are getting nastier and nastier by the minute. Judge Lucy Koh wasn’t too pleased after Samsung leaked a selection of evidence banned from a trial examining whether or not the Korean mobile maker has infringed upon several Apple design and software patents. Now Apple wants the court to immediately rule in its favor as a means of reprimanding Samsung for repeated “litigation misconduct.”

Apple’s counsel sees the leak as only the latest mishandling of evidence by Samsung, and one taken as a “calculated risk” as part of an attempt to sway jurors in their favor.  Apple points out that “Samsung already has been sanctioned four times in this case for discovery abuses. Most recently, Samsung was sanctioned for destroying evidence,” concluding that “misconduct is apparently a part of Samsung’s litigation strategy.” It is Apple’s belief that past sanctions weren’t strong enough to deter Samsung from future misconduct, and a more swift and exact punishment in the form of a guilty ruling on all counts of alleged patent infringement might help to get the point across.

[via AllThingsD]

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  • Covert_Death

    late to the table or not, the evidence samsung put forth is not deniable. sure they should have done it sooner but for the judge to somehow assume ALL prior art is now NOT evidence is BS. this is why our courts are fudged up. power hungry maniacs run this country now!

    • Superguy

      And that’s why if Samsung loses, this will go to an appeal. It’s looking like there would be a lot of issues that Samsung could appeal on.

  • satsmine2k4

    Lucy koh: i will…don’t worry APPLE am just pretending to be a JUDGE…

    • scoter man1

      But… they told me they’d give me one of everything if I sided in their favor!

  • Superguy

    How about sanctioning Apple for abuse of the legal system with frivolous lawsuits and spurious arguments?

    Their arrogance is disgusting.

  • yungtris

    Lucy Koh paved the way for this controversial case. Can we have a real case please? Thank you.

  • bakdroid

    Just like Apple to want the easy way out.

  • leocal79

    Is apple even really an American company? They employee more Chinese citizens than the Chinese government does. Plus their products a riddle with Samsung parts. Please stop acting like you design anything or develop anything but a shell for your products. Grow up apple you should be paying subsidies to everyone. shouldn’t Samsung sue apple for making a tv since hey Samsung has been in that field longer just like the cell phone business. Oh, and judge Koh shame on you for not throwing this garbage out of court and ordering apple to pay for all these nonsensical court cases.

  • disqus_LT1EsyjQMW

    you can’t be punished for leaking something that the judge deemed not evidenced because if it was evidence it should be allowed to be used in court. But at the end of the day its the public’s right to know everything just as deemed by public domain.

    • Stefan K

      Exactly, it’s denied as evidence so how the hell can Samsung leak that same image as evidence :P

    • Observant Freeman

      It wasn’t evidence because it had no validity or it proved nothing with respect to the case, but it had the potential to prejudice the Jury…Samsung decided to release it when the Jury was away from court for two days…the timing was also points to implicate Samsung even further…Samsung’s intentions are not surprising given their history and bad reputation as a corrupt company…not saying that Apple is a saint, but in this case, its very clear that Samsung is getting desperate…

      • TofuWarrior

        Actually, it does have a lot of validity and proves that Samsung had it’s own internal designs that were pushing it towards what the iPhone was anyway. It’s just unfortunate that they can’t use it in the trial at hand. However, if an appeal is needed and Samsung is successful, then they should be able to reintroduce it as an evidence exhibit.

        It’s no different than a defense of a person(s) of a criminal trial discovering new evidence while the trial was going on that exonerates the defendant. They might not be able to use it at the moment, but they can use it as a base for appeal and get the original ruling overturned.

        • Observant Freeman

          Actually, it doesn’t have any validity simply because of the fact that those phones that Samsung was going to show did not infringe on Apple’s patents before and after the iPhone was released. In other words, its like Samsung bringing in flip-phones they made before the iPhone and showing other flip phones they made after the iPhone. Thats a rough patch to get through, but it expresses the idea. Also the phones used were turned off. And pretty much intentionally…with no actual UI, just sketches on top of the images. This could have been easily spun in Apple’s favor by Apple’s lawyers even if the evidence was brought forth. If you turn those phones on and show the “before and after” shots again, there is a significant difference in the UI before the iPhone was first introduced and after the iPhone was announced/released. Also, there are rules in play. Samsung doesn’t own the court…I don’t know them but it seems Samsung missed the timing and then wanted the Jury to see the “evidence” anyway

          • Joe Frederick

            Is this case about how similar the hardware looks AND the user interface, or just the hardware?

          • Observant Freeman

            Honestly, now that you mention it, I’m not really sure…I read that Apple is suing Samsung for copying the look and feel of the iPhone, and the major claims are Hardware related…I’ll look that up and get back to you…

          • Observant Freeman

            Just checked…Apple is suing over the several patents related to the way the iPhone looks and acts. Samsung is counter-suing over patents related to the way mobile communications operate.

    • CowboyRon

      My feelings exactly, either It’s evidence or it isn’t

  • G. Andrew M. Blackburn

    for those that are truly interested in more than the usual phandroid or craapple rhetoric:

    • MK2

      I just finished reading the response by Samsung, I’d say he covers the issue pretty darn well.

      • Core Rooted

        I would love to see Quinn sue Apple’s legal team for slander, since that is EXACTLY what they did. In their public brief to the judge, not only did they slam Samsung, but also Quinn and other members of his firm. Seems like a pretty strong basis for a slander suit to me.

  • RitishOemraw

    And here I thought Apple lacked a sense of humor!
    Guess they proved me wrong, what a joke this is!

  • peternyc

    God why can’t apple just rot away quietly

  • Michael Quinlan

    Either the infringement happened or it didn’t. Any alleged misconduct by Samsung will not change that, and therefore should not affect the ruling in this case. Having no penalties for (proven) misconduct is unacceptable, but the penalties must be independent of the ruling.

  • Havoc70

    Apple can go pound sand! They are the worst thieves out there yet they blame everyone else for their complete lack of innovation. Screw Crapple

  • leocal79

    Considering android was developed years before ios I’m sure android is a stolen product. Plus this is not an android Google vs apple case.

    • bmg314

      True it’s not Google v Apple, but Samsung is the biggest producer of Android devices.If Apple succeeds in pushing Samsung out of the Android business, we are in a butt load of trouble.

      • camelsnot

        Apple does not want to go up against Google so they’re going after the largest hardware competitor.

        • Core Rooted

          Exactly… And the second and third competitors also (HTC and LG).

  • MK2

    Yeah, because that makes sense. Guilty ruling as punishment for perceived legal mishandling, riiiiight.

  • Unorthodox

    Such dirty moves just show that Apple is desperate by now to use any tactic to avoid a fair trial. They totally realize that when it’ll come to the real evidence and expert witnesses their case will fall apart.

    • ntegrit

      Nonsense. They’re just doing what any legal team (including Samsung’s) would do under the circumstances. Really, who wouldn’t want to avoid a trial and still win?

      • MK2

        I don’t know anyone that thinks they can get handed a winning verdict for a technical mis step by the opponent. Sure it might lead to a win, but it wouldn’t be rewarded with a win by the Judge, that’s just silly.

  • leocal79

    Let’s put apple in charge of the government this way they can rob us blind like all the politicians do. Plus they can sue anyone, whine like a b***ch and win the case without evidence.

  • Robert Jakiel

    Judge Lucy Koh is completely negligent in the handling of this case. She has shown her inability to preside over this from the beginning and it is just getting worse. If she were worth anything as a judge she should recuse herself and have the matter handed off to a judge that is competent enough to preside. Otherwise she is just wasting everyones time and money.

    • ntegrit

      Not Apple’s…

    • Magnus100

      Absolutely agree. She should be disbarred and fined heavily. She’s either being payed or she’s the most brain dead, moronic and incompetent idiot judge every.

  • WilliamKingX17

    GTFO Troll!! Go slob on Job’s knob.

  • shooter50

    I hate the Apple culture, but until last night still had an iPad and Transformer Infinity. The iPad getting more use because it just ran smoother. But as my own small protest over Apple’s abuse of the legal system, I sold the iPad on Craigslist and cancelled my subscription to The Daily and Wired Magazine. No more Apple products for me.

    • Observant Freeman

      I think you’re a little confused…you’re confusing misunderstanding of the enforcement of trademark laws with an “abuse” of the legal system. You can continue to protest if you want, but do it with the knowledge of what exactly is taking place…

      (I edited the comment to correctly express the the motives I had when I originally posted this)

      • Core Rooted

        I disagree. Apple has been and will continue to abuse the legal system until something is done to prevent these sorts of suits. They may call it enforcement of trademark laws, however the truth of the matter is that they are using the legal system as a mass marketing machine. Apple might have started all this on the basis of protecting their IP, but now it’s gotten to the point of keeping their name in the press and slamming almost every competitor in the court room as much as possible. Honestly, I believe this could have been settled out of court quite easily. But, since what Apple really wants (the removal of every competitive product) isn’t going to be achieved behind closed doors, they have to go about it through the legal system.

        The OP (IMHO) is doing exactly what every Apple user should be doing; protesting on the basis of bad corporate behavior in our (and other countries) legal systems.

        • Observant Freeman

          “they are using the legal system as a mass marketing machine”
          This doesn’t make any sense as any litigation will always bring about bad press no matter who is right or wrong…this case is a clear example as even though Samsung has committed 4 accounts of litigation misconduct since April, people continue to go against Apple just because Apple is suing…they don’t seem to care why…

          “Apple might have started all this on the basis of protecting their IP,
          but now it’s gotten to the point of keeping their name in the press and
          slamming almost every competitor in the court room as much as possible”
          Apple is only involved with 3 competitors legally…I’m pretty sure there are several other tablet and phone makers out there that Apple isn’t legally involved with. Apple is only suing those who received Apple’s initial letters warning them to stop and pretty much called their bluff…

          “Honestly, I believe this could have been settled out of court quite
          easily. But, since what Apple really wants (the removal of every
          competitive product) isn’t going to be achieved behind closed doors,
          they have to go about it through the legal system”
          Apple has been in legal talks with Samsung, HTC and motorola for at almost 3 years now if not more. Go and do your research before posting opinions based on nothing.They have not been able to achieve anything behind closed doors because these companies pretty much wanted to call Apple’s bluff and determine the validity of Apple’s patents. They asked for it, they are getting it, its that simple. You can imagine what would happen if Apple decided to back away from such a welcoming offer.

          “The OP (IMHO) is doing exactly what every Apple user should be doing;
          protesting on the basis of bad corporate behavior in our (and other
          countries) legal systems.”
          This is true, bad corporate behavior should be protested against. Samsung is cited as a clear example in this article of bad corporate behavior, yet despite your statement, you seem to be rooting for Samsung.
          My point here is that people need to be more informed before they post things…If anyone has anything factual that contradicts my statements, then please let me know…

          • Jimmy Turk

            Hey havent i seen you somewhere before…………………………………..WAIT A MINUTE, your always on Engadget!!!!! I thought ive seen you arguing with forum goers somewhere before. What are you doing here???? I thought you were pro crapple!?

          • Observant Freeman

            Agreed…I do like Apple…I also like technology. I follow several apple, wp7 and android fan-boy sites to keep up with what’s going on in the mobile tech world and to get an idea of the popular opinion of each demographic…

          • Jimmy Turk

            Fair enough… your were! Everyone is entitled to their own opinion :)

          • Observant Freeman

            Indeed my fellow internet citizen! :)

    • Dominiek Leclercq

      Did the same thing 2 years ago. Ditched my iPhone 3GS and never looked back.
      God I love my Galaxy Note and the fact that it destroys any iPhone available!

  • Ken Bosse

    apple thinks this is a pre school playground

  • Alec Smith

    samsung kicked themselves in the balls this time

  • camelsnot

    Lucy should be disbarred. She has been on the side of Apple since day one. Apple shops for judges, and she is at the top of the list.

    • moises1204

      agree, Samsung should fight to get another Judge in their case because it’s obvious Lucy Koh is not being fair to Samsung so far.

  • DanWazz

    Apple awarded a patent on patents. Sues Patent Office for infringing on their patent. Patent Office’s evidence that it existed before Apple throw out due to being submitted late since it could not be printed on paper. Paper infringes on Apple’s paper and rectangle patents.

    Update: Apple to sue trees for producing paper.

    • Vivek M Nagabhushan

      Amazing comment :)

    • Matthew Porter


  • Jeffrey Evans

    In other words, we don’t have crap for a case so we want this thrown out as soon as possible so people don’t notice.

  • n.r. bovee

    How about a ruling of Apple being guilty of being dicks about the whole thing instead?

  • james ortiz

    apple is like a little brat desperate for attention haha

  • endinyal

    Samsung is gaming the courts, everyone knows it and folks here endorse that kind of behavior. I guess that can be expected from juveniles.

    Samsung knows it has no case, so their appealing to the public that they are in the right to copy and steal a competitors’ IP. I hope Samsung gets the hammer dropped on its head soon and put you hypocrites in your place.

    • Matthew Porter

      Yeah, I think we can all agree that it would be best for Apple to hold all the patents for rectangular devices. HOW did some of those patents get approved?… That’s the real question.

    • Brian

      I just checked your history, and you seem to love to troll. Here’s a definition.

      If you have some kind of evidence or facts you’d like to share with us, please share.
      I highly suggest reading for a good factual analysis.

      I’m not gonna discount the fact that there are alot of useless fanboy posts here, but this is primarily a site for fans. So a “non-fan” such as yourself doing the same in contradiction is just useless trolling :)

      Contradiction is not an argument.

  • Wesley

    I think apple should stfu.

  • Marsg

    apple can go suck on a juice box

  • jbo1018

    How does this even make sense?

  • Raptor YCP

    They’re really full of sh, I mean, worms. I can’t understand us law that doesn’t accept evidence in a trial this big ’cause it’s brought too late!?

  • Sean Daniel

    So I guess it’s ok that Apple regularly edits the images of the devices they compare the iphone to, making them appear more similar. I might just go Tyler Durden on Apple…

  • Micha Ols

    Oh Apple… remember how you Photoshopped the Galaxy Tab to have a similar Formfactor as your iPad to confuse a German court? How about deciding for Samsung as punishment for manipulation?

  • tizzyzz

    Someone needs to hack ios or release a device damaging app to attack apple for there stupid crap if the people buy new devices so be it but how to ruin sales if crapples know it can happen and can happen again

  • Vinny

    What a pathetic excuse for a US Judge. I would like to look thru her recent bank statements. If I were Samsung I know what I would do, it ain’t pretty.

  • izanee

    Grow up apple !!! Have some balls to compete in the open market… invest your time n money to improve yourself not sueing others for a pathetic reason… luckily the first one who invented the tv does file a patent for a rectangular shape… imagine if there is…lol

  • YankeeDudeL

    Yanno those lawyer shows where someone has obvious evidence that either damns them, or completely exonerates them, but for some logical reasoning that escapes your mind it doesn’t get allowed? This is a lot like that.

  • Oldskool76
  • TechGuy22

    and they will.
    apple will win this crap sadly. because apple is an american company and sammy is not.
    US is very biased when it comes to other foreign companies

    • Raptor YCP

      Sadly I think you might be right.

  • Sean

    what evidence did Samsung destroy?

  • tizzyzz

    I will go back to a dumb dial only phone if apple was the only option I’m.converting my friends from apple to android and those that have are very happy to leave crapple

  • 91firebirder

    Apple needs to take a flying leap off a tall building, along with all their lawyers and this biased as hell judge (cali, go figure).