Hell hath no mercy like a tech company scorned! The court's decision notwithstanding, Samsung has opted to go public with the design of the original iPhone (that was supposedly derived from Sony concepts) after being denied the opportunity to make the argument in court. Apple was quick to take advantage of the situation and denounced the rejected evidence release as contempt of court.
Apple and Samsung have locked horns in legal tussles and the opening argument was on July 31. The evidence fight is being conducted sans a jury.
Apple is seeking $2.5 billion in damages from Samsung and claims that the Koreacn tech giant infringed its patents for designs and technology for mobile devices. Samsung, countersued the Cupertino-based Apple and claims that the company is infringing two patents covering mobile-technology standards and three utility patents.
As the legal warfare intensifies, AllThingsD reported that "the company (Samsung) released to the media two batches of evidence excluded from the trial currently occurring in San Jose, California". Samsung released the following statement:
"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".
The slides Samsung released to the press included mock-ups by Apple designer Shin Nishobori. They also showcase a Samsung "IReen" design, which was created prior to Apple's iPhone release.
According to CNET, Apple's counsel brought to Judge Lucy Koh's attention that Samsung had intentionally leaked disallowed evidence, which was supported by a statement to the media.
Apple's counsel argued that jurors may have seen the released information, which may prejudice them and influence their final decision. Apple lawyer William Lee, in a letter to U.S. District Judge Lucy Koh, wrote "This deliberate attempt to influence the trial with inadmissible evidence is both improper and unethical. Apple will be filing today an emergency motion for sanctions and other relief that may be appropriate."
Samsung's sneaky and irresponsible move has ticked off Judge Koh who has instructed Samsung to file an explanation on who drafted the statement. Samsung would also need to reveal the identity of the individual who authorized the leak.
"Tell Mr. Quinn I'd like to see him today," Koh said. "I want to know who drafted the press release, who authorized it from the legal team."
In the ensuing mêlée, it seems Sony is drawing some attention as well. Samsung's "Sony inspired" argument is taking center stage with the company arguing that even Apple's product is a rip-off, inspired by a competitor. A lame attempt this by Samsung to fend off Apple's claims that it copied iPhone and iPad.
With counterattack being the order of the day, time will unveil how the Samsung ploy works - if at all.
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