Apple seeks sanctions against Samsung
Summary: In response to Samsung releasing evidence excluded from the patent battle, Apple is planning to file "emergency sanctions" against its rival.
The technology giant is seeking emergency sanctions against rival smartphone maker Samsung after the latter released documents to the press following an exclusion from court.
A letter addressed to judge Lucy Koh, who is overseeing the high-profile case, explains why Samsung chose to leak the excluded documents to specific media outlets. Filed by John B. Quinn of Samsung's law firm Quinn Emanuel Urquhart & Sullivan yesterday, Apple's legal team found its explanation to be unsatisfactory.
In response, Lee wrote:
"Mr. Quinn's declaration does not adress two of the Court's questions: who drafted the statement and who released it. Samsung's multiple references to the jury in its statement make plain its intent that the jurors in our case learn of arguments the Court has excluded through the press."
He continued:
"This deliberate attempt to influence the trial with inadmissible evidence is both improper and unethical."
That, naturally, is not the end of the matter. Apple is planning to file "emergency motion for sanctions" as well as "other relief that may be appropriate." In other words, the technology giant doesn't plan to let Samsung get away with it.
The evidence in question? In addition to internal emails that suggested Apple's iPhone designs were based on ideas gleaned from Sony products, the South Korean company wanted to submit data on its F700 smartphone design, which predates the iPhone. In a statement released to CNET, Samsung stated that "excluded evidence would have established beyond doubt that Samsung did not copy the iPhone design."
After being excluded, the company took the issue into its own hands, releasing the evidence with an accompanying statement to the press.
Now the jury has been chosen and evidence has been debated and on occasion excluded, the trial will resume on Friday with the continued testimony of Apple SVP Phil Schiller. The patent infringement battle between the companies is based on both accusing the other of violating design and technology patents.
Apple is seeking $2.5 billion in financial damages.
Check out sister site CNET's live coverage of the trial.
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Talkback
Apple is starting on the down side from the curve
Apple is starting on the down side from the curve
Apple patented ideas that belong to other people
For example the movie Event Horizon from 1997 shows an iPad like computer @ 1h10m.
Examine other sci-fi movies and you will see these tablets occurring many time.
Remember that it isn't purely tech people who come up with innovative ideas, it normally comes from visionary artists and writers. As an artist and writer myself I can vouch that the things I am drawing and putting into my own novels are the things that the leading tech companies have not thought of yet.
I don't think apple is the problem
One side of a 3 sided coin
This leaves them wide open (and the patent system) for misuse.
Bigger question is how do we fix it......
wow!
Publish and be damned
Publish and be damned
A movie prop is hardly an invention if it doesn't actually *DO* anything.
At the time Event Horizon was released, Apple had already been a couple of years into the market with Newton which is considered one of the first feasible PDAs, and much closer to what a real "idea" of what a tablet would be than a simple movie prop.
A movie prop can be prior art if the patent is a *Design* patent
But when you are trying to sue over the appearance
1997?
http://liquidpubs.com/blog/2010/11/08/apple-their-tablet-computer-history/
And Jules Versne shot a guy to the Moon with a cannon
Star Trek
My first tablet computer was a Toshiba T100X running a 386 processor. About 1993 I think.
and never forget :)
Yeah
Don't be a creep
@Peter Perry
A design study by Apple about what a Sony phone might look like?
The Sony Walkman that was inspired by the iPod that was an inspiration for a design study?
I know you hate Apple, but please, try not to let your prejudice make you post foolish things.
-> "The Sony Walkman that was inspired by the iPod..."
Remember that the portable music player existed before the iPod, it's just that pre-iPod PMPs were complex, designed by engineers (I know, I had a few). Apple just took an existing item and made it easier for stupid people to use.
This one.