Tags: samsung | apple | iphone | patent

Samsung Defeats Apple Bid for Sanction in IPhone Patent Case

Friday, 03 Aug 2012 12:44 PM

Samsung Electronics Co. defeated a bid for judicial sanctions against it by Apple Inc. related to evidence in the iPhone patent dispute now on trial in San Jose federal court in California.

The Korean manufacturer won dismissal of Apple’s request for a judge to punish its lawyer’s public disclosure of evidence excluded from trial. The judge said she would poll the jurors individually on the matter. While at least one of the jurors said they had seen headlines on the Internet about the disclosure, the judge said the jury can continue in place.

Apple, in an Aug. 1 filing with U.S. District Judge Lucy Koh, said a July 31 statement authorized by Samsung’s lawyer was designed to convey to jurors, through the media, arguments contesting Apple’s central allegations that Samsung copied the iPhone and iPad. The move was “bad faith litigation misconduct” meant to prejudice the jury, Apple said.

“Apple requests that the court issue sanctions granting judgment that Apple’s asserted phone-design patent claims are valid and infringed by Samsung,” according to the filing signed by lawyer William Lee.

Apple had said that if Koh doesn’t decide the case in its favor outright, she should tell the jury that Samsung engaged in “serious misconduct.” Apple proposed that Koh tell jurors Samsung copied the designs and features from Apple products, and preclude Samsung from any further mention of evidence regarding a pre-existing design.

‘Frivolous’

Samsung, in an Aug. 2 filing, said Apple’s request should be rejected because it’s “frivolous at every level,” and because Samsung’s statement was protected free speech.

The evidence fight between the companies was being conducted outside the view of the jury, which on July 31 heard opening arguments in the case.

Apple, based in Cupertino, California, seeks $2.5 billion for its claims that Samsung infringed patents covering designs and technology for mobile devices. Samsung countersued and will present claims that Apple is infringing two patents covering mobile-technology standards and three utility patents.

John Quinn, the Samsung attorney who approved the release of the information, said in his own statement to the court that is was done in response to a request from members of the media and that the information was already in public court filings made by Samsung or Apple and wasn’t intended to prejudice the jury.

Barred Samsung

Koh on July 31 barred Samsung from presenting images of a smartphone that Samsung claimed it was developing in 2006, the year before Apple introduced the iPhone. Koh rejected Samsung’s request to reconsider her ruling for what she said was at least the third time, standing by her earlier decision that the evidence wasn’t “timely disclosed” in Samsung’s arguments pertaining to patent infringement.

In the statement that Quinn approved for the media, Samsung said that Koh’s ruling means the company “was not allowed to tell the jury the full story and show the pre-iPhone design for that and other phones that were in development at Samsung in 2006, before the iPhone.”

The case is Apple Inc. v. Samsung Electronics Co. Ltd., 11- cv-01846, U.S. District Court, Northern District of California (San Jose).

© Copyright 2017 Bloomberg News. All rights reserved.

 
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2012-44-03
Friday, 03 Aug 2012 12:44 PM
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