Tuesday, August 14, 2012

Judge rebukes Samsung's mega-trial with Apple over patents in the U.S.

http://i.imgur.com/sFhzK.jpg

The judge of the mega-trial that pits Apple against Samsung in U.S. court rebuked the South Korean giant to publish evidence that was excluded from the summary, but Apple rejected the request for a verdict on the case.
Judge Lucy Koh showed his irritation at the conduct of Samsung, which reported in the media documents that she had decided they could not be seen by the trial jury on patent violation of smartphones and tablets, which began on Monday in federal court in San Jose, California (west).
Koh said that Samsung's lawyers were "on notice that the possibility of contaminating the jury was real" and berated them for "a deliberate attempt to spread evidence that they knew had been excluded."
However, Apple rejected the application of additional sanctions or a verdict in favor of the company in Silicon Valley.
Koh asked the jury to know if anyone had read the press reports. One confessed that he saw a headline on the internet, but said they had not read the article. The rest stated that he knew the news.
"I will not have any theatrical or sideshow to distract us from the reason we are here, which is a fair hearing on this case," said Koh.

Apple said in documents filed in court that "Samsung and its advisers have engaged in legal conduct in bad faith by trying to prejudice the jury" to disseminate documents suggesting that Samsung was working on its own smart phone before the launch iPhone.
"At Samsung was not allowed to tell the jury the whole story and show the design prior to developing iPhone ... Samsung in 2006," before the famous Apple device, the South Korean company said in a statement.
"Excluded evidence would have established beyond doubt that Samsung copied the iPhone design. Fundamental justice requires that the jury decide the case by reference to all the evidence, "the statement said.
The vice president of worldwide marketing at Apple, Philip Schiller, were subpoenaed to testify Friday.
The jury began on Tuesday to hear arguments from both sides, in what promises to be the largest patent judgment entered in the United States.
The U.S. Apple claims more than 2,500 million dollars to South Korea's Samsung, accusing it of copying its designs and patents. Samsung, meanwhile, accuses the iPhone maker and iPad violate some of its patents for wireless communications.
The suit seeks to unravel these accusations.
The two companies, which together monopolize almost half (49.5%) of the global market for smart phones, also face legal in several European countries and Australia.
While the results in these countries have so far been mixed, Samsung is clearly on the defensive in the U.S. case.

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