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Samsung says "no way" to Apple's request it wins the trial because of the unauthorized press leak

Posted: , posted by Daniel P.

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Samsung says
Apple wanted Samsung to be punished severely the other day for leaking already rejected evidence to the press. So severely, in fact, that Apple asked for outright winning the trial because of it in the motion it filed:

"The proper remedy for Samsung's misconduct is judgment that Apple's asserted phone design patents are valid and infringed. Through its extraordinary actions yesterday, Samsung sought to sway the jury on the design patent issues, and the proper remedy is to enter judgment against Samsung on those same patents. It would be, to be sure, a significant sanction. But serious misconduct can only be cured through a serious sanction—and here, Samsung's continuing and escalating misconduct merits a severe penalty that will establish that Samsung is not above the law...

In the alternative, and at a minimum, the Court should (i) instruct the jury that Samsung engaged in serious misconduct and that, as a result, the Court has made a finding that Samsung copied the asserted designs and features from Apple products; and (ii) preclude Samsung from further mentioning or proffering any evidence regarding the 'Sony design exercise' for any purpose.
Of course, this is a typical case of "shoot for the stars, so you can get the Moon" that happens every day in business negotiations and litigation pursuits, which is unlikely to be granted. 

Still, Samsung didn't hesitate to counter with a proposed order in its turn, calling Apple's request "frivolous at best", and that Cupertino is looking for an "unprecedented sanction of outright dismissal of Samsung‘s defenses to its design patent claims, in the guise of an alleged "recommendation" about Samsung‘s release of information that was already publicly available." Samsung's response to Apple's request it wins the trial because of the excluded evidence press leak piles on from here:

Apple‘s request is an affront to the integrity of the jury. Apple proceeds on the groundless assumption that the jury, already instructed by the Court not to read media accounts, will violate the Court‘s instructions and do precisely that. As explained in the Quinn declaration, Apple‘s premise is factually unfounded and contrary to settled law. Nowhere does Apple even address, let alone refute, these points.
Tit-for-tat is in town, and we hope for more juicy revelation how the iPhone and iOS were conceived today, when Apple's Phil Schiller re-takes the witness stand.

  • Options

posted on 03 Aug 2012, 05:18 24

1. frydaexiii (Posts: 1476; Member since: 01 Dec 2011)

Why is Apple so persistent, they've already bought Judge Koh over, just let "justice" do the work...

Unless they're afraid that people might actually start to realize the truth...

posted on 03 Aug 2012, 07:14 12

13. whysoserious (Posts: 318; Member since: 20 Jul 2012)

They're in a hurry because they still have a lot of other mobile companies to sue.

posted on 03 Aug 2012, 07:49 7

17. whysoserious (Posts: 318; Member since: 20 Jul 2012)

And try to ban every android phones before they release their new iCrap.

posted on 03 Aug 2012, 13:55

23. parthpatels007 (Posts: 54; Member since: 27 May 2011)

2 iOS freaks read your msgs

posted on 03 Aug 2012, 05:29 22

2. bloodline (Posts: 706; Member since: 01 Dec 2011)

I hope apple crash and burn

posted on 03 Aug 2012, 05:30 14

3. andro. (Posts: 1999; Member since: 16 Sep 2011)

Apple are truly clutching at straws here,desperate and will try any tactic to the try and win. Its like the watching the devil and god playing chess,apple being the greedy devil will try any move. Can't they just grow up and try to compete and actually change their product each year before androids market share rises to something like 75%?!

posted on 03 Aug 2012, 06:35 1

8. McLaren (unregistered)

That's a neutral and good comment.

posted on 03 Aug 2012, 08:49 2

19. darkkjedii (Posts: 25625; Member since: 05 Feb 2011)

Do u android guys come up with these creative posts jus to see how many thumb ups you'll get?

posted on 03 Aug 2012, 10:28 4

20. BREvenson (Posts: 240; Member since: 17 May 2012)

Not really, I think the reason is that it's interesting to see how many thumbs down comments like yours get.

Everything that has been said in defense of Samsung is pretty well-structured and logical: Samsung corroborated their claim that they didn't rip off the iPhone by showing information pertinent to the case (despite being rejected by the judge), Apple whined about Samsung using this already public information, and acts like they deserve to win because Samsung is trying to fight back.

Apple is sounding more and more like a greedy, spoiled child who has to have EVERYTHING their way, and they are running out of ideas to hold Samsung back.

posted on 03 Aug 2012, 06:12 13

4. daniel_bargs (Posts: 325; Member since: 27 Nov 2010)

if Apple wins this case, all touch phones in the whole world will be infringing. And i dont want the the market with 10 choices becomes 1

posted on 03 Aug 2012, 06:36 4

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

More than that. This judge will ban all other brands. Apple police will force you to buy each year the New iphone.

posted on 03 Aug 2012, 06:20 1

5. darkvadervip (Posts: 365; Member since: 08 Dec 2010)

Wow Americans siding with another country. First off state the facts of you copy patents you got to pay or if you copy a design you got to pay. For android fans answer me this " ain't sammy touch wiz a copy of HTC sense

posted on 03 Aug 2012, 06:33 8

7. McLaren (unregistered)

Have you ever even used an HTC or a Samsung?Try them before making comments.
As for Apple,do you know iphone's internals is from Samsung,LG and many other foreign countries????Dumb child.

posted on 03 Aug 2012, 06:43 7

10. andro. (Posts: 1999; Member since: 16 Sep 2011)

There's a massive difference between the touchwiz and sense,so much so at times that would could almost question if both phones were running the same android software. Each manufacturer has their own launcher style,sonys for instance is very different from sense or touchwiz.

Here in lies the beauty of android as a user can upgrade their handset each year switching between manufacturer and get not only new,upgraded and different looking hardware externals but also a new ui while keeping the core android software. Addition to all that the user can use a customer launcher and style on their handset if they want to override touchwiz,sense etc in the like of apex launcher,go launcher,claystone launcher etc

posted on 03 Aug 2012, 07:02 5

12. chadrick0814 (unregistered)

Maybe you missed one of the points of the article. Samsung released a photo of the F700 to the media showing that they did not copy the iphone's design. But, hopefully you are right to say that companies should pay for patent violations. In this case, Apple still owes for violating Samsungs 3G patents. The good news for Apple is that we know they aren't infringing on any 4G patents.

posted on 03 Aug 2012, 07:43 2

16. networkdood (Posts: 6330; Member since: 31 Mar 2010)

dude, dark, you need to do some more reading instead of cherry picking.....

posted on 03 Aug 2012, 06:23 7

6. McLaren (unregistered)

So Apple is now telling the Court what to do:(
It is bringing disrepute to technology and freedom of expression.Shame on you:(((
This shows that Apple knows it can no longer fight against android or a revitalised windows phone or even nokia os.
Guess it will end worse than Nokia and RIM.

posted on 03 Aug 2012, 06:49 4

11. vladd100 (Posts: 56; Member since: 12 Jul 2012)

Apple is trying to clean the market before icrap 5 is launched...but no one seams to care,,since people already switching the riffle..

posted on 03 Aug 2012, 07:17 4

14. Packer29 (Posts: 56; Member since: 10 Sep 2011)

It's unfortunate that Apple would choose to go this route instead of competitive innovation!

posted on 03 Aug 2012, 07:25 4

15. Aeires (unregistered)

It's such a long shot, I'm surprised Apple even tried this tactic.

When all the dust settles, there will be an appeal because one side will feel they should have won. When the appeal is settled, both sides will end up losing, or winning, depending on how you look at it. Apple will be granted a specified amount for some of their legitimate patents (not shapes and colors), and Samsung will be granted a specified amount for their hardware patents. It's not likely they'll balance each other out, but how big both these companies are, both will be able to afford the settlement damages. Both parties will continue to make and sell phones/tablets, and life will go on.

posted on 03 Aug 2012, 08:43

18. Diego! (Posts: 686; Member since: 15 Jun 2009)

I loved you use Mafalda's picture. An amazing creation by Quino. He is a genius and I'm proud I've read all Mafalda's books. And I hope Samsung wins! They deserve it! :D

posted on 03 Aug 2012, 10:47 1

21. Shino (banned) (Posts: 196; Member since: 23 Jul 2012)

Samsung really deserve to be sued till they're completely broke. When you steal, you must be ready to face justice eventually.

posted on 03 Aug 2012, 12:47

22. Aeires (unregistered)

That'll be one way to stop the iPhone and iPad, Samsung makes around 40% of the parts in them.

Kills me how many Apple fans want Samsung run out of business, not knowing without them there'd be no iPhone or iPad.

posted on 03 Aug 2012, 14:26

24. master0fursinz (Posts: 104; Member since: 26 Apr 2010)

then they will depend on sharp, sony, LG, and others for parts.

wait don't they have this backup plan in effect already.
(holding up drink) Here's to hoping these guys dont get sued by apple down the line.

posted on 03 Aug 2012, 16:31

25. p0rkguy (Posts: 685; Member since: 23 Nov 2010)

Actually, LG and Sharp alone are having trouble.
Japan Display (Sony, Hitachi and Toshiba combined) aren't even able to churn them out in time.
Now you have Samsung, the one that made practically every display Apple has ever used. I remember Apple turning to another display manufacturer for one of the iPads which came out terribly.

Apple went to Samsung for their flash memory, now that Samsung is starting to mass produce their new 4X faster flash memory. I highly doubt Apple wouldn't want to get in on it.

posted on 03 Aug 2012, 16:45 1

26. Aeires (unregistered)

There were also reports the processors that weren't made by Samsung didn't run as fast and efficiently.

There might come a day when Samsung stops placing their component sales over their phone sales. When that happens, Apple will rue the day they decided to lock horns with Samsung. Apple needs Samsung a lot more than the other way around.

posted on 04 Aug 2012, 06:03 1

27. MARKSPEAR77 (Posts: 40; Member since: 24 Nov 2011)

only mindless people buy apple product, lol....

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