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.