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Samsung punished by Judge for failing to turn over source code in Apple patent suit

Posted: , by Alan F.

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Samsung punished by Judge for failing to turn over source code in Apple patent suit
Apple's request for sanctions against Samsung have been granted by United States District Court Magistrate Judge Paul S. Grewal. The Judge is presiding over an Apple-Samsung patent infringement battle and received a motion from Apple back in March requesting that the sanctions be placed on the Korean based firm for failing to produce source code and other documents that it had been ordered by the court to turn over. Apple's concern is that the delays caused by Samsung's failure to produce source code and documents make it too time consuming to conduct analysis of Samsung's ever changing Android source code. That, in turn, makes Apple's claim of patent infringement against Samsung a "moving target".

The Judge punishes Samsung

The Judge punishes Samsung

Just two weeks ago, Samsung was fined by the court after the same Judge found Samsung to be in violation of a court order. The company failed to turn over documents it had that mentioned Apple's products. The Cupertino based tech titan was planning on using these documents to show that Samsung had infringed on Apple's designs. Judge Grewal is a bit more upset now after the failure of Samsung to hand over the important source code. The code was supposed to show how Samsung had worked around Apple's patent in designing certain aspects of its products, including the "overscroll bounce" that is protected by
U.S. Patent No. 7,469,381. Turning over the code might have helped Samsung with its defense.

Apple's attorneys have told the Judge that it is now too late for them to use the source code and asked the court to ban Samsung from using the source code for its defense. In his sanctions order, the Judge said, "Samsung shall be precluded from offering any evidence of its design-around efforts for the '381, '891 and '163 patents, and shall not argue that the design-arounds are in any way distinct from those versions of code produced in accordance with the court's order. Samsung must instead rely solely on the versions of code that were produced on or before December 31, 2011."

Samsung just might have shot itself in the foot as the older code that it has to rely on now with this case, is more likely to infringe on Apple's patents than the newer code that it failed to produce to the court in a timely fashion.

source: FossPatents via AppleInsider

53 Comments
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posted on 05 May 2012, 15:22 7

1. maxican16 (Posts: 364; Member since: 29 Sep 2011)


Hard to out lawyer someone when you fail to lawyer for yourself.

posted on 05 May 2012, 16:08 4

2. sdfvsdf (Posts: 3; Member since: 04 May 2012)


i wonder how much money all these lawyers made so far with this court battles...i'm guessing about 500-800 million dollars

posted on 05 May 2012, 16:17 7

3. Bluesky02 (Posts: 1439; Member since: 05 Dec 2011)


There's a joke around the web.:)
Samsung Galaxy 3 design by Lawyers, making it lawsuits proof and ugly

posted on 05 May 2012, 21:28 7

8. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


Hahaha

Android fans got Samsunged

posted on 05 May 2012, 22:21 12

10. LionStone (Posts: 465; Member since: 10 Dec 2010)


hahaha...you mean you do every time you touch your little iphone.

posted on 06 May 2012, 12:11 1

27. thelegend6657 (unregistered)


Lionstone I agree that the iPhone screen is considered small in today's standard but for people with small hands it's fine .
Btw stop bashing about iPhone's small screens heh there are a lot of android phones that have smaller screens than the iPhone

posted on 06 May 2012, 15:02 2

35. remixfa (Posts: 14056; Member since: 19 Dec 2008)


i dont even remember the last time i sold a 3.5 inch touch screen phone.

posted on 07 May 2012, 08:43

49. -box- (Posts: 3858; Member since: 04 Jan 2012)


@thelegend I can only think of a few that have less than 3.5" screen, and they're not very popular, tend to be on the low end... Pantech Crossover is the only one I can think of off the top of my head. 4"-4.3" tends to be the norm

posted on 05 May 2012, 22:47 6

11. jove39 (Posts: 1320; Member since: 18 Oct 2011)


SGS2 user myself...but I genuinely dislike design of SGS3...just saying!

posted on 06 May 2012, 09:34 1

23. medicci37 (Posts: 689; Member since: 19 Nov 2011)


Actually, Samsung just got Samsunged. Thats karma for putting out pos pentile phones.

posted on 06 May 2012, 12:06 3

26. thelegend6657 (unregistered)


The s3 looks good at the front . Turn it around and you will find that the back is really ugly !
If I am buying an android phone , it will be the OneX for high end model , s2 or razr for mid range

posted on 05 May 2012, 17:16 8

4. roscuthiii (Posts: 1861; Member since: 18 Jul 2010)


The source code never should have been turned over to Apple but to an independent 3rd party.
My neighbor just got a nice new big screen tv you can't miss though his window. I'd like to press charges for robbery and hive him turn over his tv to me in court so I can determine if that was indeed my tv or not. My sources say that I'm definitely going to find that to be my stolen tv.

posted on 05 May 2012, 23:41 2

15. Droid_X_Doug (Posts: 5920; Member since: 22 Dec 2010)


It is going to be rather hard for you to 'prove' your neighbor's flat panel TV was stolen from you absent a sales receipt for the same model and if a serial number is on the sales receipt, it will need to be on the unit you claim was stolen from you. No police report is another hurdle you will need to explain as well.

posted on 06 May 2012, 01:20 1

18. Lucas777 (Posts: 2137; Member since: 06 Jan 2011)


so what is ur neighbor trying to hide by not handing it over? if they legitly bought it, why not show u, the third party, everybody that it wasnt stolen?

posted on 06 May 2012, 12:43

30. Whateverman (Posts: 3231; Member since: 17 May 2009)


Wait...you can't be serious! If I claim that you stole something, do you mean to tell me you will produce receipt for it to prove to me you didn't steal it? Would you really just hand over the contracts you signed with your personal information if I said I thought you stole your home or your car? I don't think you would, because you have no idea what I will do with that info. But in this case, it sounds like it would have been better for Samsung to just hand over the code since it was old anyway.

posted on 06 May 2012, 15:01

34. Lucas777 (Posts: 2137; Member since: 06 Jan 2011)


haha it was partly to show how his analogy wasnt quite the best analogy... but going along with it i would just show the receipt, not hand it over, which seems a little bit much for me-- samsung should not have to hand it over, but they should show they did not copy in a timely manner

posted on 06 May 2012, 21:17 1

45. Whateverman (Posts: 3231; Member since: 17 May 2009)


True, Samsung should have just tried to prove their innocence. But to be perfectly honest, I think Samsung does look guilty at this point. They may not "copy" Apple, but they do seem to be heavily influenced by them at times.

posted on 06 May 2012, 21:29 1

46. Lucas777 (Posts: 2137; Member since: 06 Jan 2011)


i agree… samsung seems to be provoking apple at times and then wondering why they get attacked…

posted on 06 May 2012, 09:12 1

21. roscuthiii (Posts: 1861; Member since: 18 Jul 2010)


I think you may be missing the point of the analogy, but that's okay, I'm not always as eloquent as I'd like to be. Basically, when any plaintiff is just handed over the disputed item for their own review there is greater likelihood their findings will be in their favor. You think any large corporation is going to honor the honor system?
If Apple wants Samsung's source code to be reviewed then it should only be submitted to a 3rd party, court appointed preferably, which also has Apple's source code to be cross-checked against.
The burden of proof in American courts is supposed to be placed on the plaintiff's shoulders, not on the defendant's.

posted on 05 May 2012, 17:29 1

5. darkvadervip (Posts: 341; Member since: 08 Dec 2010)


Some of you all are just plain ignorant. Its plain and simple. Samsung should pay for using patents. When it's all said and done if I was Samsung I would drop android and make window only phones since google bought Motorola and make a fair war of it and if I was microsoft agree to let Nokia make iOS's using dual swaps with apple and windows combined for the google killer.

posted on 05 May 2012, 19:41 9

7. MartyK (Posts: 725; Member since: 11 Apr 2012)


Yea, Right!, ask HTC how's that working out for them (appeasing MS); the best thing Samsung, HTC and Google (any one else getting sue by MS/APPLE) can do is to sign a pact to protect(sell patents back and forth) each other from attacks.

posted on 05 May 2012, 18:48 6

6. Atrixboyyy (Posts: 252; Member since: 03 Nov 2011)


What's funny here is apples precious device is full of Samsung yet they claim samsung is stealing device designs and infringing on patents. I wonder how many lawyers judges etc... I thought they were gonna meet up and squash this.

Companies get more patty as they go on.

posted on 06 May 2012, 09:14 3

22. mrochester (unregistered)


The iPhone having parts inside it that are made by Samsung doesn't grant Samsung a license to steal Apple property. That's some crazy logic there!

posted on 06 May 2012, 12:47

31. thedarkside (Posts: 652; Member since: 30 Apr 2012)


samsung used to make only the glass for the screen if i can remember correctly. i dont believe they made any other parts for them.

posted on 06 May 2012, 15:05 2

36. remixfa (Posts: 14056; Member since: 19 Dec 2008)


samsung doesnt make glass

however they make the chips that run the iphone. the screen is made by LG. The only thing apple in the whole thing is the logo and the software.

posted on 06 May 2012, 15:53

38. thedarkside (Posts: 652; Member since: 30 Apr 2012)


i would almost swear that i saw that samsung made it. oh well, i cant win them all. i just cant remember where or how long ago i saw that but silly me. not worth arguing over. im not trying to be another taco.

posted on 06 May 2012, 19:00 2

41. remixfa (Posts: 14056; Member since: 19 Dec 2008)


supposedly corning makes the glass for the iphone, but it breaks so easily its hard to believe. Samsung uses corning's gorilla glass on all their nicer devices. As far as I know there is no internal glass manufacturing at samsung for their phones, its all outsourced.

posted on 06 May 2012, 18:50 1

40. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


Having wrong info never slows you down does it?

posted on 06 May 2012, 19:01 2

42. remixfa (Posts: 14056; Member since: 19 Dec 2008)


obviously its never slowed you down at all, taco.

posted on 07 May 2012, 14:07

51. thedarkside (Posts: 652; Member since: 30 Apr 2012)


i do apologize for my lack of information of the subject.

posted on 06 May 2012, 12:50

32. Atrixboyyy (Posts: 252; Member since: 03 Nov 2011)


The fact that you wrote that and got a thumbs up really shows me how smart people are I never said it grants them anything and exactly what property was "stolen" last time I checked you couldn't steal a patent.

posted on 05 May 2012, 21:29 7

9. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


This is a good step towards victory for Apple. Samsung needs to be punished as its obvious they went out of their way to copy Apple.

posted on 05 May 2012, 23:20 9

13. protozeloz (Posts: 5379; Member since: 16 Sep 2010)


Someone is a cry baby

posted on 05 May 2012, 23:39 7

14. VZWuser76 (Posts: 1761; Member since: 04 Mar 2010)


I just have to ask, are you doing like a Sacha Baron Cohen thing, or is this how you really are. I'm all for being a fan of things, but you're starting to worry me a bit. It remind me of a night I was traveling for work and had to share a room with a coworker. I made some remark about not having to worry about something because it wouldn't be to long & we'd have a chip in our hand to take care of whatever we were talking about. He replied that when that happened that would be the end time, that the chip was the mark of the beast (devil). Needless to say I had a little trouble sleeping that night. I'm starting to get that vibe from you. Not that there's anything wrong with that! (Seinfeld - giving credit where it's due)

posted on 05 May 2012, 23:44 4

16. Droid_X_Doug (Posts: 5920; Member since: 22 Dec 2010)


Jumping to conclusions a bit aren't you taco, old boy? Sammy has not been prevented from using any source code to prove they aren't infringing, only the source code they failed to turn over. If the earlier release of source code is sufficient to show non-infringement, they are home free and Apple has to suck on rotten eggs.

posted on 05 May 2012, 23:54 6

17. frydaexiii (Posts: 1239; Member since: 01 Dec 2011)


Ok, since Samsung is copying so much, if the new iPhone has any one of the SIII's new features, including NFC/LTE/direct call/zero-shutter lag, you STFU and get off this website since Apple just loves to copy everyone else and claim they "invented" it.

posted on 06 May 2012, 23:58 1

47. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


http://samsungcopiesapple.tumblr.com/

Here's some proof of the shameless copying

posted on 07 May 2012, 12:43

50. frydaexiii (Posts: 1239; Member since: 01 Dec 2011)


Oh, excuse me, let me quote a hundred biased website about how Apple products are so much more inferior compared to their so called "copies".

Or I could just quote one from PhoneArena which some people like to call "iPhoneArena", which comes with real statistics.

http://www.phonearena.com/news/Which-platform-crashes-more-Android-or-iOS_id26542

Ohh ohh, here's one more from another "unbiased" source.

http://www.pcworld.com/article/229611/five_ways_apple_ripsoff_android_with_ios_5.html

And I'm pretty sure you've already seen this, this is from a tech loving dude.

http://www.youtube.com/watch?v=NMiY1kSTHZw

Even Wozniak thinks so too. Sure he later said a Windows Phone was better, but the rankings is still WP7>Android>iCrap.

http://www.thedailybeast.com/articles/2012/01/14/even-woz-thinks-the-android-bests-the-iphone.html

So who cares if they're copying the package and cables and chargers when the innards a ten times better?

posted on 06 May 2012, 12:15

28. thelegend6657 (unregistered)


The first galaxy s does feel a lot like a iPhone ripoff .
But that's the reason why it sell so great .
But later version departed from copying iPhone to avoid being sued and I kids like the ui an launcher of the gs3
Just hope someone ported the launcher of the s3 to s2 and s1

posted on 06 May 2012, 12:58 1

33. Atrixboyyy (Posts: 252; Member since: 03 Nov 2011)


Sorry but my sisters captivate feels and looks Nothing like an iPhone and when you think about it what phone looks absolutely different from another they "all" have 4-4.3" displays with buttons underneath them that like saying everybody copied Ford by making a car.

posted on 05 May 2012, 22:50 5

12. jove39 (Posts: 1320; Member since: 18 Oct 2011)


Isn't all source code for samsung's android devices available on https://opensource.samsung.com Apple lawer/dev should check code themselves.

posted on 06 May 2012, 01:26 3

19. Forsaken77 (Posts: 552; Member since: 09 Jun 2011)


If Samsung is found to be guilty of patent infringment in this case, I believe they will have an easy appeal because the judge eliminated factual evidence as a punishment. True, Samsung shoul've given it up, but the judge should've fined them, not eliminated the proof as a spanking for bad behavior.

posted on 06 May 2012, 05:48 3

20. ivanko34 (Posts: 617; Member since: 04 Sep 2011)


Samsung should be also punished for the ugly design of the s3

posted on 06 May 2012, 09:57 3

25. TROLL (banned) (Posts: 4851; Member since: 13 Apr 2012)


Apple has bribed the iJudge......

posted on 06 May 2012, 12:17 2

29. thelegend6657 (unregistered)


That's an irrelevant information you unrespectful troll .
I accidentally thumbed you up while I was trying to thumb you down on the little screen of my iPod touch

posted on 06 May 2012, 15:05 2

37. remixfa (Posts: 14056; Member since: 19 Dec 2008)


u should get something bigger then... say 4.3inches..

posted on 06 May 2012, 17:39

39. thelegend6657 (unregistered)


Setting my sight on a HTC OneX .
But I don't want to take another contract from Maxis

posted on 06 May 2012, 19:02

43. remixfa (Posts: 14056; Member since: 19 Dec 2008)


The oneX is nice. The issue with the T3 video capture is puzzling though. I hope its just a software tweak to fix.

posted on 07 May 2012, 04:33

48. thelegend6657 (unregistered)


I do know that the vid capture on the OneX is horrible . Btw my uncle uses a Samsung galaxy tab as his phone . What do your think about that ?he claims it's great but talking on it might feel weird as I can't really get used To the size of the note anyway . He uses a Bluetooth headset . And galaxy tab 7.0 plus or 7.7 is a better choice ? Btw I have a weird feeling that Samsung might change the chip of its south east Asian version like the s2 i9100g .

posted on 06 May 2012, 19:41

44. TROLL (banned) (Posts: 4851; Member since: 13 Apr 2012)


Ive just bought the One x sim free. the battery is
rubbish, the browsing speed is same as the s2....
Can't wait. to Root this oc this to may-be 2.0....

posted on 07 May 2012, 17:48

52. thelegend6657 (unregistered)


I am sorry that I cant trust a troll .
But If that's true unlock the bootloader using HTC dev .com and flash cm9

posted on 09 May 2012, 16:10

53. InspectorGadget80 (Posts: 6675; Member since: 26 Mar 2011)


Jeezes another payment to the judge send from Apple. This is getting fcking ridiciulas. what kind of judge would talk like that?

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