Judge denies Apple request to punish Samsung for leaking evidence; warns against more "theatrics"

Judge denies Apple request to punish Samsung for leaking evidence; warns against more
Friday, Judge Lucy Koh warned both Apple and Samsung against more "theatrics". First, the judge denied a request from Apple to punish Samsung for the action taken by the Korean manufacturer when it sent previously excluded evidence to the media in hopes of getting an "end-around" and publicity for its position. The evidence, which we have showed you, involves the designs of certain Sony products and the deposition of former Apple designer Shin Nishibori who allegedly used the designs from a story about Sony products to sketch the first designs of the Apple iPhone. A slide show produced by Samsung was excluded from court by Judge Koh as is any mention of those Sony designs. Samsung decided to send the slideshow to interested media in an attempt to get the court of public opinion on its side.

Before the trial started on Friday, Judge Koh spoke with each member of the jury individually to ask if any of them had seen or heard anything the leaked evidence. One juror said that he had read a headline about the "kitchen table" comment made on Tuesday by Apple designer Christopher Stinger while he was on the stand. Stinger mentioned how Apple designers all sit around a kitchen table to help design a new product. The juror said he didn't read the story and in any case, felt that he could remain impartial and the judge agreed.

The jury was once again reminded not to read any news about the trial as biased stories could affect a juror's impartiality. The judge did recognize that some jurors would want to read the media reports of the trial after it was over and told them that the court could "scrapbook the reports" for them.

When word that Samsung had sent the excluded slideshow evidence to media outlets, Apple on Wednesday requested that the court punish Samsung's attorneys for "egregious" misconduct meant to get the jury to lean toward Samsung's position. On Thursday, Apple filed for a summary judgment which, if granted, would have ended the case right then and there with  Apple as the victor. Samsung attorney John Quinn called Apple's request an "an affront to the integrity of the jury," and "frivolous at every level."

Judge Koh told both sides that the in-court objections are taking up too much time and also gave both sides a final verbal warning against "grandstanding". The Judge told both Apple and Samsung, "I will not let any theatrics or sideshows distract us from what we're here to do, which is to fairly and timely decide this case".

source: AppleInsider



1. SonyFTW2020

Posts: 311; Member since: May 03, 2012


12. Techvue

Posts: 14; Member since: Jul 25, 2012

Wow, impressed by her today. But still... She tried to censor evidence from the public. She did censor evidence from the jury. And, Apple backed censorship. For what reason?

51. Hemlocke unregistered

Samsung didn't present it within the time limit that they knew about, not to mention they destroyed evidence (emails) and never produced the court-ordered source code. They have gotten off pretty light, so far.

60. Mxyzptlk unregistered

So now it's good? Fandroids were cussing the woman left and right. She makes one notion regarding the case above and now you like her?

83. The_Godfather

Posts: 196; Member since: Apr 26, 2012

What the f**k is wrong with Apple? Are they thinking that they can increase their sales for next iPhone or iPad in this way? They are f**king ruining Apple's image in the market with these moves. Bottom line is "Apple's" days would be over soon. Love you Sammy :(

84. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 2010

Probably the best way to understand what is motivating Apple to go after Sammy is that Sammy is the only Android manufacturer to pose an existential threat to Apple. The smartphone market's profits are pretty evenly split between Apple and Sammy. Everyone else is pretty much single digit percentages. When you are faced with a challenge to your existence, you bear any burden and incur any cost. Which is what Apple is doing.

2. MalakiMills

Posts: 257; Member since: Jun 15, 2010

Good for the judge for pointing out how ridiculous some of these actions are (the whole dang thing is ridiculous but my point remains).

47. neutralguy

Posts: 1152; Member since: Apr 30, 2012

THIS. amen for the "the whole dang thing is ridiculous".

3. andro.

Posts: 1999; Member since: Sep 16, 2011

I like the picture chosen to present this article,I wonder who the dark side of the face represents?!

4. Angkor

Posts: 108; Member since: Jul 05, 2012

Judge Koh trial should be focusing on "Look and Feel" as Apple claimed not functionality or others and allow Samsung to prove the Look and Feel that Apple copied from others.

5. jroc74

Posts: 6023; Member since: Dec 30, 2010

Wow...some good news for Samsung in this case for a change...

7. SprintPower

Posts: 74; Member since: Dec 29, 2008

Sounds like judge Ito and the Simpson trial.

8. cptbeatstix

Posts: 101; Member since: Jul 19, 2012

All I have to say is....HA!!!!

30. E.N.

Posts: 2610; Member since: Jan 25, 2009

I'm glad to see that most of you are in a better mood today. Hopefully no more whining about Judge Koh being a meany to Sammy :(

45. 305Bucko

Posts: 506; Member since: Aug 07, 2011

My thought exactly E.N. I own an iPhone, doesnt mean I favor apple. I actually prefer Android by FAR. People already assume she favors apple cuz she has an iPhone. ...really?

87. SirCheese

Posts: 15; Member since: Jul 28, 2012

It's her actions...not that she owns an iphone...

9. SprintPower

Posts: 74; Member since: Dec 29, 2008

p.s. I wish it was televised!

13. SonyFTW2020

Posts: 311; Member since: May 03, 2012

that would be dope.....lol

10. EclipseGSX

Posts: 1777; Member since: Oct 18, 2011

Nyanyanyanya nya nyah! Hahahaha ha ha!

11. -box-

Posts: 3991; Member since: Jan 04, 2012

No grandstanding or theatrics? Isn't that apple's entire strategy?

14. taco50

Posts: 5506; Member since: Oct 08, 2009

So today all the fandroids think Judge Koh is a great judge. Don't you see how ridiculous you all are. With each decision you completely change your opinion based on if it's in Apple favor or not. You guys don't care about facts or merit at all.

15. remixfa

Posts: 14605; Member since: Dec 19, 2008

if that came from someone who wasnt a completely mental one sided troll, it might not be so hollow. yea, because she finally made a decent decision.. which the inverse would have been to end the trial declaring Apple the automatic victor.. people are happy. gee.. i wonder why your not happy about it troll.

16. tedkord

Posts: 17413; Member since: Jun 17, 2009

We are happy with the decision, not the Judge. There's a difference.

17. SonyFTW2020

Posts: 311; Member since: May 03, 2012

were not glad for her LOL were glad at the decision! she could flip out at any moment for all we know....stop hating cause were not out this thing yet taco bell....

19. SonyFTW2020

Posts: 311; Member since: May 03, 2012

you know what makes me thumb down people? idiots that talk like they got sense but miss the "BIG" picture of things....cough.... cough.... taco bell.........Dude you have knowledge enough to understand things but you choose to hate on whats right, which makes you look ignorant and dumb...to be real with you

18. tedkord

Posts: 17413; Member since: Jun 17, 2009

And, since you don't want Samsung's evidence introduced, you clearly don't care about facts or merit in the least. If facts or merit mattered to you, you'd want the evidence entered into the record. But, of course all you care about is that Apple prevails, no matter how. The ends justify the means.

20. SonyFTW2020

Posts: 311; Member since: May 03, 2012

hahah talk to em.....lol

31. taco50

Posts: 5506; Member since: Oct 08, 2009

Samsung needs to follow the judicial process if they want their evidence introduced. Not my fault or judge Koh's fault they can't do that.

33. tedkord

Posts: 17413; Member since: Jun 17, 2009

Regardless, they are facts. If you cared about facts, you'd want them introduced.

34. BREvenson

Posts: 240; Member since: May 17, 2012

Apple was just trying to get the judge to end the case with a bogus summary judgment because of that rejected evidence. Would that be your idea of the "judicial process"? I doubt Samsung, or any normal-minded individual, would want to see it end like that. Believe it or not, Samsung has been following the process pretty damn well; they are up against a wall with Apple and this judge, so they need to supply irrefutable evidence that they did not copy Apple. Since such evidence was not allowed, they leaked it out to the public, where it had already been in the first place. Apple didn't like it, and neither did the judge...but there was nothing they did (or could have done) to stop it. This fight is far from over, and both sides are going to keep going at it until they have nothing left. Who knows when that's going to be...

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