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08-02-2012, 02:43 AM #1
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.
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.
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.
08-02-2012, 04:30 AM #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 04:33 AM.
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08-02-2012, 05:52 AM #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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08-02-2012, 05:53 AM #4
Last edited by eZStaR; 08-02-2012 at 06:01 AM.
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08-02-2012, 06:08 AM #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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08-02-2012, 07:46 AM #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.
08-02-2012, 07:49 AM #7
Give it a rest droid boys, go find yourselves a girlfriend or go back to playing World of Warcraft......
08-02-2012, 08:37 AM #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.
08-02-2012, 08:41 AM #9
08-02-2012, 09:16 AM #10
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.
08-02-2012, 10:28 AM #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.
08-02-2012, 10:31 AM #12
i hope the outcome will be what's best for the consumer.
08-02-2012, 11:13 AM #13
08-02-2012, 11:13 AM #14
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 11:59 AM.
08-02-2012, 12:24 PM #15
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08-02-2012, 02:06 PM #16
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08-02-2012, 04:14 PM #17
Samsung was stupid to release that info and I hope it comes back to bite them in the ***.
08-02-2012, 04:14 PM #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.
08-02-2012, 05:10 PM #19
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.
08-02-2012, 05:33 PM #20