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8/2/2012
03:46 PM
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Apple Says Samsung Tried To Corrupt Jury

Apple attorney claims release of excluded evidence by Samsung constitutes breach that must be sanctioned; seeks ruling on validity of patents.

Apple iPhone 5 Vs. Samsung Galaxy S III: What We Know
Apple iPhone 5 Vs. Samsung Galaxy S III: What We Know
(click image for larger view and for slideshow)
Apple attorneys Thursday asked District Court Judge Lucy Koh to issue a finding that Samsung infringed Apple's patents, as a punishment for one of Samsung's lead attorneys releasing evidence that Apple says "impugned the integrity of the court."

Apple called "egregious" the conduct of Samsung attorney John Quinn, a managing partner of the Los Angeles law firm Quinn Emanuel Urquhart & Sullivan. Quinn, denied the chance four times in court to admit documentation of an interview with Apple designer Shin Nishibori, instead gave reporters links to it late in the opening day of the trial, Tuesday. Apple and Samsung are engaged in a showdown in the San Jose, Calif., court over Apple's claims that Samsung's products copied the iPhone.

Quinn said in his statement to the court justifying his action that such a move was legal because the document was part of the pretrial submission, even though it hadn't been admitted into evidence that would be used at the trial itself. As part of the pretrial record, it was a public record he could share with reporters, he asserted.

[ Want to learn more about the events in the courtroom? See Apple-Samsung Judge 'Livid' Over Document Disclosure. ]

The slides and text cite comments from an interview with Apple designer Shin Nishibori that he used design ideas in Sony's Walkman to come up with an iPhone design. He had been directed to do so by Jonathan Ive, Apple's head of industrial design. Apple has been treating the interview as something akin to toxic waste; when it submitted iPhone design records, they all pre-dated the time frame discussed in the Nishibori interview.

"Apple itself publicly filed Shin Nishibori's testimony that the direction of the iPhone's design was completely changed by the 'Sony-style' designs that Jonathan Ive directed him to make," Quinn said in his statement to the court Wednesday. Quinn also included requests from the press to see the documents and said his conduct was "lawful" and "ethical."

Apple lead attorney's Harold McElhinny viewed it as a way to circumvent Judge Koh's ruling that the evidence couldn't be added to the trial after the evidentiary hearings had been closed. Apple in its response specifically charged that Samsung and its attorney had "engaged in bad faith litigation misconduct by attempting to prejudice the jury..."

Samsung's release of a statement referring to the excluded evidence included the suggestion "that it be provided to the jury," a move that warranted the judge to sanction Samsung. That sanction should be a ruling that Apple's patent claims "are valid and infringed by Samsung."

Quinn in his statement said he wasn't trying to address the jury and only allowed the press to see his evidence after Koh had instructed members of the jury that it wasn't to read accounts of the trial in the press or go off on information-seeking missions of their own.

He went a step further in asserting that he had a right to defend his client from the media reporting "in salacious detail Apple's allegations of Samsung's supposed 'copying,' causing injury to Samsung's public reputation." But Apple, allegedly quoting from the statement that Samsung sent out with the Nishibori slides, said Samsung was attempting to influence the jury when it said: "Samsung was not allowed to tell the jury the full story" and "fundamental fairness" required that the jury get a chance to view the evidence.

Koh had not issued any ruling or comment by Thursday afternoon.

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wht
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wht,
User Rank: Strategist
8/7/2012 | 4:13:39 PM
re: Apple Says Samsung Tried To Corrupt Jury
Apple is far too lawsuit happy. Apple has no room to complain about Samsung since they engage in borderline acivities all the time. The more we learn abut Apple, the more we see its rotten core. A large part of Apple's arrogance was Steve Jobs, but the beat goes on with new leadership that is proving to be just as bad. Apple needs to lay off the lawsuits and let the consumer and marketplace decide who rules.
Jill Again
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Jill Again,
User Rank: Apprentice
8/3/2012 | 7:00:26 PM
re: Apple Says Samsung Tried To Corrupt Jury
Having read the comments below, and the article, and a briefing from a third party law firm who is tracking the cross patent complaints of both companies, it is apparent that neither Apple, nor Samsung, may be fully clear of infringements. Separately, as Mr. Mitchell points out, this judge is probably highly reluctant to allow her court to be used as a patent validity trial. Between what Apple and Samsung could potentially bring up, that could take an entire career!.

Suffice it to say that the appearance Judge Koh is leaving us less technically astute technology followers is that she may be a stockholder in Apple or have some other such vesting in Apple's side of the story. Both companies should probably be sent home to fight out their market positions in the marketplace and clear the courts for other business. It remains that Apple cannot produce the quality products they do today without Samsung technology and manufacturing, and Samsung cannot reach the same market penetration without Apple branded products being widely sold. When the dust is settled, if they haven't got too personal in the attacks, they will once again work with each other to their mutual benefit.
Steven Mitchell
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Steven Mitchell,
User Rank: Apprentice
8/3/2012 | 9:55:28 AM
re: Apple Says Samsung Tried To Corrupt Jury
Jabberwolf, I would reply to some of your comments but they are somewhat confusing. However, some of the confusion and contradiction seems to derive from the article content and the subjectivity of the reporter. Your comments actually caused me to reread the article to see where you got your comments from and some of the opinion-oriented comments appear to originate from the article itself.
Steven Mitchell
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Steven Mitchell,
User Rank: Apprentice
8/3/2012 | 9:54:00 AM
re: Apple Says Samsung Tried To Corrupt Jury
Firstly, we do not know the judge's reason for suppression of the slide "evidence" so for other peanut gallery commenters to assert their views regarding its validity is typically narrow thought. Secondly, what the lawyer did is, in fact - especially following specific instruction not to do so - highly questionable conduct. If it were a criminal case, he would clearly face sanctions. As it is part of the separate patent law court system, the response may be quite different and legal punishment may be very limited. But generally his behavior constitutes 'contempt of court.' If, in fact, Samsung's lawyer missed the deadline to submit the evidence as was suggested by one of the previous commenters, then Samsung's lawyer, Quinn, was negligent in his performance by being late and should clearly not be allowed to submit evidence outside of the courtroom presentation and process. That would be simple professional negligence on his part. To circumvent the rules and process, especially after being instructed by the judge not to, is double negligence. As is indicated by the nature of many of your emotional opinions, I am sure none of you have the read the briefs or know the actual basis for the denial of evidence admissibility. However, it may be as simple as the fact that Sony's Walkman designs are 30 years old, and the judge felt that vague reference to 30 year old technology of a different social purpose device, is not germane to AppleG«÷s patent infringement claim by Samsung. SamsungG«÷s attorney, Quinn, is apparently trying to win outside of the court, because he may feel that he has a more susceptible and malleable audience. He could simply be grandstanding. QuinnG«÷s contention seems to be based on the limited information in the article, that G«£the design idea was already resident in several design groups, including Sony'sG«•. It is possible and probable, that Judge Koh simply does not want to retry the applicability and authenticity of AppleG«÷s initial patent award for the iPhone, which is what would ultimately be occurring for her to otherwise accept that evidence. But as patent law is very technical, and the comments here are predominantly emotional and largely untechnical, we can only wait to find out.
jabberwolf
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jabberwolf,
User Rank: Apprentice
8/2/2012 | 10:20:11 PM
re: Apple Says Samsung Tried To Corrupt Jury
Apple itself publicly filed Shin Nishibori's testimony that the direction of the iPhone's design was completely changed by the 'Sony-style' designs that Jonathan Ive directed him to make," Quinn is correct.

Is Harold McElhinny saying that they themselves at Apple were circumventing Koh ?!
Because Samsung simply released the same PUBLICALLY FILED documents that Apple had.

And why is Aplpe crying foul, when the entire case is basically accusing Samsung of copying, hell at least Samsung has proof of Apple copying Sony. Apple has yet to produce any such evidence of Samsung soing the same, yet apple gets to parade the court case around of "samsung copying Apple so we're suing them!"

Apple should quit while their ahead.
And Koh should go crawl underneath her desk for being so one-sided.
This is probably an embarassment to her more than anything, and THAT is why she is upset.
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