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."
"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,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.