Apple to file emergency motion for sanctions against Samsung

Samsung representatives wait to enter the Robert F. Peckham Federal Courthouse in San Jose, where Apple and Samsung are engaged in a $2.5-billion patent dispute.
(Justin Sullivan / Getty)

Apple is, to put it mildly, not pleased with Samsung, and it plans to file an emergency motion in federal court asking for its rival to be sanctioned.

The controversy stems from Samsung’s decision Tuesday to send the media, including The Times, links to evidence that was previously blocked by U.S. District Judge Lucy H. Koh in the companies’ patent infringement trial. Along with the links, Samsung sent a brief statement saying the excluded evidence “would have established beyond doubt” that Samsung did not copy the iPhone and ending with: “Fundamental fairness requires that the jury decide the case based on all the evidence.”

Koh quickly demanded an explanation from Samsung lawyer John Quinn, who submitted a five-page declaration Wednesday morning in which he said the company’s actions were legal and ethical.

Apple wasn’t satisfied. In a two-page letter sent to Koh a few hours later, the Cupertino, Calif., company’s lawyer, William F. Lee of WilmerHale, said Quinn’s declaration failed to identify who wrote the statement and who released it.


“Samsung’s multiple references to the jury in its statement make plain its intent that the jurors in our case learn of arguments the court has excluded through the press,” Lee said. “This deliberate attempt to influence the trial with inadmissible evidence is both improper and unethical.”

Apple went on to say it would file an emergency motion for sanctions later Wednesday “and other relief that may be appropriate.”


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