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  • Samsung Gets Reprimanded for Taking Nixed Evidence to Media Outlets


    Samsung was recently reprimanded in court on Tuesday after the company leaked evidence that was excluded from the proceedings to media outlets (such as AllThingsD) and issued an out-of-court statement saying the exhibits “would have established beyond doubt that Samsung did not copy the iPhone design.” According to PC Magazine, the comment refers to the exclusion of a deposition taken from former Apple designer Shin Nishibori, which outlined a conversation he had with SVP of Industrial Design, Jonathan Ive, over what an iPhone would look like if it were made by Sony.

    "The Judge’s exclusion of evidence on independent creation meant that even though Apple was allowed to inaccurately argue to the jury that the F700 was an iPhone copy, Samsung 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," Samsung said in a statement. "The excluded evidence would have established beyond doubt that Samsung did not copy the iPhone design. Fundamental fairness requires that the jury decide the case based on all the evidence."

    According to a report on CNET, Judge Lucy Koh was made aware of the evidence leak by Apple attorneys and ordered Samsung to file a brief explaining who wrote the statement and who gave the green light on its dissemination. It was said that the Judge was “audibly irritated” with the whole issue.

    The “Sony-styled” iPhone evidence was presented in Samsung’s trial brief previously but the design and deposition were ultimately excluded from the trial. From Nishibori’s deposition in May stated the following:

    First, Jonathan Ive talked to me. "Well, Shin, I have something to talk to you about." He said, "You can do this as an aside of your job and enjoy - I want you to enjoy doing this. But if Sony were to make a iPhone, what would it be like? Would you make it for me?"
    Samsung isn’t allowed to bring up the prototype or associated arguments during the trial. The South Korean electronics maker also argued that Apple didn’t invest the rectangular screen, which is a view that was recently asserted by the company’s Chief Product Officer Kevin Packingham. At the court, Apple argued that the iPhone “changes phones forever” during its opening statement but the South Korean electronics maker did note that Samsung parts accounted for roughly 26% of an iPhone and retaliated by asking “who’s the real innovator?”

    The Apple vs. Samsung trial just recently started and has a long way to go but is considered one of the most important patent cases in U.S. history.

    Source: AllThingsD, CNET, PC Magazine
    This article was originally published in forum thread: Samsung Gets Reprimanded for Taking Nixed Evidence to Media Outlets started by Akshay Masand View original post
    Comments 12 Comments
    1. GooseG's Avatar
      GooseG -
      Who the real innovator? Are you f***ing kidding me Samsung? You manufacture 26% of the parts, that doesn't mean you made it as amazing as it is.
    1. ankit_jedi's Avatar
      ankit_jedi -
      Samsung is behaving like griphook from Harry potter series.
    1. Glocknine's Avatar
      Glocknine -
      Thats interesting, to this point it is obvious that the judge is 1 sided, followed by immature fanboys + adult with kiddie brain!!

      Go samsung I dont like you but Im with you on ghis one!!
    1. rockyseay's Avatar
      rockyseay -
      Oh yes, go ahead a root for Apple do they can destroy what competition we do have. You ******* fan boys are killing me. If Apple wins, there will be NO competition which we desperately need. Only reason Apple is doing this is because their shared have been dropping the last few months.
    1. NeoReaper's Avatar
      NeoReaper -
      the judge didnt side with apple. apple already showed evidence that their designs pre-dates the information in the slides... samsung is trying to use the slides as a stupid distraction. why cant you uninformed people study the subject before putting in your 2 cents. i think this is further proof that apple is in the right.
    1. znbl's Avatar
      znbl -
      Every single case involving this judge, Apple, and another company has shown this judge to be very biased. All the signs of a corrupted judge are there. There is no reason to exclude evidence like this from the court. How can a jury come to a fair conclusion if they are not allowed to see the picture in it's entirety? This judge really should be removed from this case, given her history thus far.
    1. BhadKarma's Avatar
      BhadKarma -
      What would it look like, can you make it for me?" that is him asking for a well built product. That's it lol
    1. Breezer23's Avatar
      Breezer23 -
      It was excluded from the trial because it was submitted as evidence in time. Having said that, this judge is barring Samsung from everything to the extent is making her look extremely biased.

      While it isn't the entire point of the trial we are fighting over patents no one buys a phone for (excluding the design trademark/patent). Really, did any of you go into AT&T in 2007 and ask, "I am looking for a cellular phone like device that has a bounce back over scroll effect and universal search?". No. No one did. Ever. None of the patents are $2.5BILLION ideas. Having said that, I couldnt begin to tell you why Samsung/Google really felt the need to implement the features. You can argue that the design trademark COULD be worth that just like you can argue someone had to have been on crack to approve such a vague design trademark.
    1. Dark_Ninja's Avatar
      Dark_Ninja -
      Haha what a biased judge. Wow I can't believe this is going on. As a police officer this case is already compromised and should not continue. The judge is making in fair advantages for Apple. This is clearly not a fair trial.
    1. domenicp's Avatar
      domenicp -
      This an act of desperation on Samsung's part.

      Quote Originally Posted by BhadKarma View Post
      What would it look like, can you make it for me?" that is him asking for a well built product. That's it lol
      +1
    1. Rasta4Jah420's Avatar
      Rasta4Jah420 -
      I don't think apple invested the rectangular design, they could have INVENTED it however. Where's the editor?
    1. alanjf's Avatar
      alanjf -
      Quote Originally Posted by domenicp View Post
      This an act of desperation on Samsung's part.
      I do not believe wanting all relevant evidence to be known to be a desperate act. Blind statements like yours above do nothing for these discussions.