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Thread: Samsung Claims That Sharing Evidence Was the Right Thing to Do

  1. #1
    MMi Staff Writer Akshay Masand's Avatar
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    Default Samsung Claims That Sharing Evidence Was the Right Thing to Do


    In a recent court filing, Samsung Lawyer John Quinn defended the move to release previously nixed evidence to media outlets, saying the move was both “ethical” and “lawful.” Quinn who’s a high-powered attorney and managing partner at Quinn Emanuel Urquhart & Sullivan LLP, was dressed down yesterday by Judge Lucy Koh for emails Samsung sent to reporters that contained exhibits blocked from consideration by the jury in the company’s trial against Apple. Judge Koh was the one presiding the case and after she was made aware of the “leak” by Apple attorneys late Tuesday, she ordered Samsung to enter a brief detailing of who authorized the email and why. As a response, Quinn denies any wrongdoing and claims the action was in response to reporters’ requests for information.

    The court pushed for an open trial, denying on numerous occasions requests to seal deemed-sensitive documents by both Apple and Samsung. Quinn noted the following in this declaration:

    Far from violating any order, Samsung's transmission to the public of public information disclosed in pretrial filings is entirely consistent with this Court's statements—made in denying both parties‟ requests to seal documents—that “[t]he United States district court is a public institution, and the workings of litigation must be open to public view. Pretrial submissions are a part of trial.
    The slides which Samsung sent out on Tuesday were of former Apple designer Shin Nishibori’s deposition regarding a Sony-styled iPhone as well as a statement which claimed the excluded exhibit “would have established beyond a doubt that Samsung did not copy the iPhone design.” Quinn leverages a number of court statues as well as lawyers’ First Amendment rights to free speech in his defense. He even went on to say the move was not intended to sway the jury’s opinion. He mentioned the following in his declaration:

    Samsung's brief statement and transmission of public materials in response to press inquiries was not motivated by or designed to influence jurors. The members of the jury had already been selected at the time of the statement and the transmission of these public exhibits, and had been specifically instructed not to read any form of media relating to this case. The information provided therefore was not intended to, nor could it, “have a substantial likelihood of materially prejudicing an adjudicative proceeding.
    Media outlets have been trying to dig up as much information as possible regarding the proceedings which began Monday due to the suit’s implications. As a result, the slides along with the pages of legal documents have all been released to the public.

    Apple in the meantime said it plans to file an emergency motion for sanctions and “other relief that may be appropriate” as a result of Samsung issuance of the excluded evidence. The letter was said to be issued by Apple attorney William Lee, a partner in the Litigation/Controversy and Intellectual Property Departments at law firm, WilmerHale. Samsung’s entire statement was reprinted in Apple’s letter and accompanied by examples of media reports containing the leaked evidence. The following was mentioned in the letter:

    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. 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.
    We’ll have to wait and see what happens next when the Apple vs. Samsung trial reconvenes on Friday when Apple Senior Vice President of Worldwide Marketing, Phil Schiller, retakes the stand to complete his testimony which was previously cut short.

    Source: CNET

    Twitter: @AkshayMasand

  2. #2
    Apple is trying too hard to win this case because they are out of innovations to offer and they know that bigger screen is the way to go. But android holds the ground on big screen smartphones so apple will try to halt android phone because the "longer" screen iphone is due this Q4
    Last edited by Glocknine; 08-02-2012 at 05:33 AM.

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  4. #3
    Apple needs to face it. They are out of innovations and are now struggling to sustain their current spot by tryin to wipe out their competition. Yes they have the best screens for phones and tablets (right now) but that is changing. I'm currently on track to buy an iPad 3 tomorrow but everyday Android is looking better.

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  6. #4
    Quote Originally Posted by Glocknine View Post
    Apple is trying too hard to win this case because they are out of innovations to offer and they know that bigger screen is the way to go. But android holds the ground on big screen smartphones so apple will try to halt android phone because the "longer" screen iphone is due this Q4
    Quote Originally Posted by Dark_Ninja View Post
    Apple needs to face it. They are out of innovations and are now struggling to sustain their current spot by tryin to wipe out their competition. Yes they have the best screens for phones and tablets (right now) but that is changing. I'm currently on track to buy an iPad 3 tomorrow but everyday Android is looking better.

    This is what I imagine when people like you say "Apple is out of innovative ideas," and do nothing but sue people.

    Last edited by eZStaR; 08-02-2012 at 07:01 AM.

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  7. #5
    If samsung loses I imagine this will be one issue they're going to use when they appeal the decision to a higher court.

    Good move releasing it now, puts the judge on notice...

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    cpotoso (08-02-2012)

  9. #6
    It is quite evident that this judge is extremely biased against samsung. It should be investigated how much stock/investments on apple she has.

  10. #7
    Quote Originally Posted by Glocknine View Post
    Apple is trying too hard to win this case because they are out of innovations to offer and they know that bigger screen is the way to go. But android holds the ground on big screen smartphones so apple will try to halt android phone because the "longer" screen iphone is due this Q4
    Really, out of ideas....I really doubt that. Obviously your a droid boy which is fine if you have to have a large screen to see your "internet stuff". I personally like a smaller phone and don;t want to hold up a brick to my ear not to mention I don't need a phone to make a bulge in my pocket, maybe you do. Anyways it's all a matter of personal preference but to make dumb comments like Apple is out of ideas? Really?

    Give it a rest droid boys, go find yourselves a girlfriend or go back to playing World of Warcraft......

  11. #8
    "It is quite evident that this judge is extremely biased against samsung. It should be investigated how much stock/investments on apple she has."

    Excuse me? Do you also believe the moon landing was actually filmed in a hanger in Arizona and that Bigfoot roams the woods.

  12. #9
    Quote Originally Posted by mr117 View Post
    "It is quite evident that this judge is extremely biased against samsung. It should be investigated how much stock/investments on apple she has."

    Excuse me? Do you also believe the moon landing was actually filmed in a hanger in Arizona and that Bigfoot roams the woods.
    Dude, what does it have to do with it? You allow SOME evidence (favoring apple) while excluding SOME evidence (favoring samsung) and voila! You have bias. Now we have to find the cause for it. There is no claim of "conspiracy" (suffices to have the judge be either with a major conflict of interest or a fanboy). Conspiracy would be to say that since samsung is a korean company, fighting against a us company in us soil makes justice dubious, but I have not claimed this (yet )

  13. #10
    Livin the iPhone Life Carvensno's Avatar
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    Did any of you read the articles right? This is about Samsung releasing info to the public that wasn't suppose to be released and the judge is pissed about it. Ok i mean there wasn't a gag order on the info but still? Any other judge would be mad/pissed if they found out if info was release from the plaintiff or defendant that had baring on the case in the court. So i don't see how that makes the judge biased? Ya and i dont care to be carrying a brick of a phone with a 4.5 or 4.8 inch screen in my pocket either! That's just to big for my needs.

  14. #11
    I agree Apple is out of ideas, at least iPhone-wise. For years, they've just been taking bits and pieces of what's been done by other phones and iOS jailbreak developers and integrating them into iOS. iOS 7 is gonna contain things that people have been doing on other phones and jailbroken iPhones for years. But I admit, as long as iOS is jailbreakable, I'll probably keep buying iPhones.

  15. #12
    i hope the outcome will be what's best for the consumer.

  16. #13
    Quote Originally Posted by eZStaR View Post
    This is what I imagine when people like you say "Apple is out of innovative ideas," and do nothing but sue people.

    Agreed. Steve jobs helped plan/design products for the next 10 years. I think they just want to stop them so people but more apple and less Samsung

  17. #14
    Quote Originally Posted by cgfusion View Post
    Really, out of ideas....I really doubt that. Obviously your a droid boy which is fine if you have to have a large screen to see your "internet stuff". I personally like a smaller phone and don;t want to hold up a brick to my ear not to mention I don't need a phone to make a bulge in my pocket, maybe you do. Anyways it's all a matter of personal preference but to make dumb comments like Apple is out of ideas? Really?

    Give it a rest droid boys, go find yourselves a girlfriend or go back to playing World of Warcraft......
    Hahaha are you saying that only droid users play WoW?

    And since apple innovates so much why did android have custom ringtones, custom mms tones, and allowed you to send pictures and videos first? Lol you apple fanboys give apple way too much credit. I mean yes Apple does make great devices and does do everything greatly but just cuz you like something don't make it ok to take credit away from others. Android had the notification bar first as well.
    Last edited by Dark_Ninja; 08-02-2012 at 12:59 PM.

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  18. #15
    Quote Originally Posted by Carvensno View Post
    Did any of you read the articles right? This is about Samsung releasing info to the public that wasn't suppose to be released and the judge is pissed about it. Ok i mean there wasn't a gag order on the info but still? Any other judge would be mad/pissed if they found out if info was release from the plaintiff or defendant that had baring on the case in the court. So i don't see how that makes the judge biased? Ya and i dont care to be carrying a brick of a phone with a 4.5 or 4.8 inch screen in my pocket either! That's just to big for my needs.
    The fact that she bared the evidence shows bias, she allowed Apple to use part of in to claim that samsung copied them but bared samsung from showing that infact the designes pre-dated the iphone.

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  20. #16
    Quote Originally Posted by Carvensno View Post
    Did any of you read the articles right? This is about Samsung releasing info to the public that wasn't suppose to be released and the judge is pissed about it. Ok i mean there wasn't a gag order on the info but still? Any other judge would be mad/pissed if they found out if info was release from the plaintiff or defendant that had baring on the case in the court. So i don't see how that makes the judge biased?
    You seem to be forgetting the fact that the judge inexplicably denied this evidence to be used in the court, evidence that appears to support Samsung's claims. And if you have followed this particular judge in every case she presided over that has involved Apple, then you too might notice a pattern of bias.

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  22. #17
    Livin the iPhone Life steve-z17's Avatar
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    Quote Originally Posted by Dark_Ninja View Post
    Hahaha are you saying that only droid users play WoW?

    And since apple innovates so much why did android have custom ringtones, custom mms tones, and allowed you to send pictures and videos first? Lol you apple fanboys give apple way too much credit. I mean yes Apple does make great devices and does do everything greatly but just cuz you like something don't make it ok to take credit away from others. Android had the notification bar first as well.
    Android wasn't the first OS to have those features on a phone either, plenty of other phones had all of that before them. So that doesn't work in their/your favor at all lol....It's obvious you're a fandroid which is ok, there's nothing wrong with that. But to say Apple isn't innovating anymore is ridiculous. How many Apple products do you own?

    Samsung was stupid to release that info and I hope it comes back to bite them in the ***.

  23. #18
    For some reasons, i feel that some comments here were posted by guys related to Samsung, posting comments in favor of Samsung. Another kind of media reachout.

  24. #19
    Quote Originally Posted by cpotoso View Post
    Dude, what does it have to do with it? You allow SOME evidence (favoring apple) while excluding SOME evidence (favoring samsung) and voila! You have bias. Now we have to find the cause for it. There is no claim of "conspiracy" (suffices to have the judge be either with a major conflict of interest or a fanboy). Conspiracy would be to say that since samsung is a korean company, fighting against a us company in us soil makes justice dubious, but I have not claimed this (yet )
    There are always a lot of evidence being excluded during the pre-trials. Among them, there got to be some may look favoring one side and others look favoring the other side, but for sure they are not very related to the case. Don't draw your arbitrary conclusion before you see all of the evidence being excluded from the trial.

    In addition, this is really about Samsung's lawyers defying the court order and trying to influence the case unfairly or illegally.

    You guys easily manipulated by the twisted statements like "it's unimaginable that we need to fight for the rectangle", please simply go look at what most phones look like before iPhone ships and what most phones look like two years after that! Sure, you can argue that everybody sees that it's the trend after iPhone being well-accepted. But, as the market-temprature-tester who took all of the risk at its first bold move, doesn't Apple deserve some level of respects from all of the followers for sweeping all of the blocks on the path? The best way to show the respect is to not copy all of the details that are unnecessary for carrying the trend. Unfortunately Samsung sure did this and dis this to an extreme, it really should be punished somehow. Unfortunately, I doubt it will lose anything in this legal battle, especially after seeing this VERY SMART trick played by their lawyers.

  25. #20
    Quote Originally Posted by steve-z17 View Post
    Android wasn't the first OS to have those features on a phone either, plenty of other phones had all of that before them. So that doesn't work in their/your favor at all lol....It's obvious you're a fandroid which is ok, there's nothing wrong with that. But to say Apple isn't innovating anymore is ridiculous. How many Apple products do you own?

    Samsung was stupid to release that info and I hope it comes back to bite them in the ***.
    Very true so why does everyone act like apple did it first?

    Btw I own 5. iMac, iPod, 2 iPhones, and an iPad! Just cuz I'm not agreeing with how that judge is being biased don't mean I don't like Apple products. I just wish they would play fairly.

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