By 
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]
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!
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.
Lucy koh: i will…don’t worry APPLE am just pretending to be a JUDGE…
But… they told me they’d give me one of everything if I sided in their favor!
How about sanctioning Apple for abuse of the legal system with frivolous lawsuits and spurious arguments?
Their arrogance is disgusting.
Lucy Koh paved the way for this controversial case. Can we have a real case please? Thank you.
Just like Apple to want the easy way out.
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.
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.
Exactly, it’s denied as evidence so how the hell can Samsung leak that same image as evidence :P
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…
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.
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
Is this case about how similar the hardware looks AND the user interface, or just the hardware?
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…
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.
My feelings exactly, either It’s evidence or it isn’t
for those that are truly interested in more than the usual phandroid or craapple rhetoric:
http://abovethelaw.com/2012/08/john-quinn-defends-his-personal-honor-as-apple-v-samsung-trial-gets-crazier/
I just finished reading the response by Samsung, I’d say he covers the issue pretty darn well.
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.
Lol
And here I thought Apple lacked a sense of humor!
Guess they proved me wrong, what a joke this is!
God why can’t apple just rot away quietly
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.
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
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.
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.
Apple does not want to go up against Google so they’re going after the largest hardware competitor.
Exactly… And the second and third competitors also (HTC and LG).
Yeah, because that makes sense. Guilty ruling as punishment for perceived legal mishandling, riiiiight.
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.
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?
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.
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.
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.
Not Apple’s…
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.
GTFO Troll!! Go slob on Job’s knob.
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.
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)
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.
“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…
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!?
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…
Fair enough…..as your were! Everyone is entitled to their own opinion :)
Indeed my fellow internet citizen! :)
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!
apple thinks this is a pre school playground
samsung kicked themselves in the balls this time
Agreed…the case might be over if the judge goes with Apple…I still want to see what Samsung will think off next…
Appeal obviously.
Haha, I meant something else, but an appeal would be in order…we’ll see what happens…
I also don’t think an appeal will be enough after this :
http://allthingsd.com/20120807/samsungs-2010-report-on-how-its-galaxy-would-be-better-if-it-were-more-like-the-iphone/
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.
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.
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.
Amazing comment :)
Hahahah.
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.
How about a ruling of Apple being guilty of being dicks about the whole thing instead?
apple is like a little brat desperate for attention haha
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.
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.
I just checked your history, and you seem to love to troll. Here’s a definition.
http://kb.iu.edu/data/afhc.html
If you have some kind of evidence or facts you’d like to share with us, please share.
I highly suggest reading Groklaw.net 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.
http://www.youtube.com/watch?v=ppK6sxz6epk
I think apple should stfu.
apple can go suck on a juice box
How does this even make sense?
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!?
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…
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?
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
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.
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
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.
http://goinglikesixty.com/2009/07/apple-annouces-the-itit/
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
Sadly I think you might be right.
what evidence did Samsung destroy?
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
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).