Apple wants Samsung sanctioned, says it will not request mistrial
SAN JOSE -- Samsung “apparently believes that it is above the law” and should be sanctioned for releasing blocked evidence to the media earlier this week, Apple’s lawyers said in a new filing in federal court on Thursday.
Apple has been livid with its rival for emailing reporters links to evidence that had been excluded from the patent infringement trial earlier by U.S. District Judge Lucy H. Koh. In a statement included with the links, Samsung said it was “not allowed to tell the jury the full story” and said “fundamental fairness requires that the jury decide the case based on all the evidence.”
Samsung’s bold move, on Tuesday afternoon, led Koh to demand an explanation from Samsung lawyer John Quinn, who maintained in a five-page declaration Wednesday that the company’s actions were lawful and ethical. Quinn had already landed himself in hot water with Koh in court on Tuesday morning for arguing (or, in his words, “begging”) with her about allowing the evidence to be included during the trial; Koh refused and said, “Mr. Quinn, don’t make me sanction you.”
Apple quickly responded with its own filing Wednesday that slammed Samsung for its actions. It also said it would file an emergency motion for sanctions the next day.
The excluded evidence shows Apple’s iPhone was influenced by “Sony style” and also shows Samsung was already developing smartphones that looked like the iPhone -- with rounded corners and a touchscreen -- before the iPhone was even introduced.
“Apple seeks a finding that Samsung and its counsel have engaged in bad-faith litigation misconduct by attempting to prejudice the jury by issuing a statement that attaches and discusses excluded evidence, and suggests that it be provided to the jury,” Apple’s filing on Thursday said. “Apple requests that the court issue sanctions granting judgment that Apple’s asserted phone design patent claims are valid and infringed by Samsung.”
The filing continued: “This press statement wrongly calls into question the very integrity of the Court and the judicial process, and undermines Apple’s fundamental right to a fair trial by impartial jurors uninfluenced by extrajudicial statements. The Court should not condone this behavior; the Court can, and should, severely sanction it.”
Apple said it would not request a mistrial because it has invested “enormous time and resources” in preparing for the trial, a jury has been seated and evidence has begun.
“A mistrial would play directly into Samsung’s strategy of delay, and only reward Samsung’s misconduct.”
The closely watched patent infringement trial between the two tech giants began Monday in San Jose with the selection of jurors. The case, in which Cupertino, Calif.-based Apple is seeking more than $2.5 billion in damages from South Korea-based Samsung, is expected to last about four weeks.
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