Samsung gives media evidence excluded from Apple trial

Judge admonishes Samsung, demands to know who ordered release

The patent lawsuit between Apple and Samsung just started and already it is becoming nasty, with both sides coming out swinging, and Samsung making a highly questionable move right out of the gate.

Apple is suing Samsung for supposedly having stolen features from the iPhone and iPad to make its products, including Galaxy S, Galaxy S II, and Tab 10.1.

To make its case, Samsung had originally wanted to use its opening statement to show that its designs for the P700 actually pre-date the iPhone, presenting a design from Apple designer Shin Nishibori that, apparently, would have been an example of what an iPhone would look like if it were inspired by a Samsung product. Samsung had also attempted to call Nishibori to testify, prompting him to send a letter to the court saying he had no plans to appear, citing health problems. Apple fought the inclusion of this evidence.

Judge Lucy Koh ultimately sided with Apple and denied Samsung’s request.

Samsung lawyer John Quinn again attempted to have the evidence admitted on Monday, only to be shot down once again by Koh.

“You’ve made your record for appeal,” Koh is reported to have said to Quinn. “Don’t make me sanction you, please.”

In response to having been denied their chance to show the evidence in court, Samsung instead released two slides showing Samsung phone designs, along with an excerpt from Nishibori’s deposition, to the media on Tuesday. They also issued the following statement:

“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.”

Apple brought the leaked evidence to Koh’s attention on Tuesday, arguing that jurors may have seen it and that it may affect the ultimate outcome of the case.

Koh was reportedly agitated by the move, and ordered Samsung to file a brief that would shed light on who wrote the statement and who authorized it.

“Tell Mr. Quinn I’d like to see him today,” Koh is reported to have said. “I want to know who drafted the press release, who authorized it from the legal team.”

The stakes in this trial are high. If the jury comes down on the side of Apple, Samsung will have its Galaxy line of phones and tablets banned. If Samsung wins, it could change the way patents and negotiated and licensed.

It is unknown at this time what affect Samsung’s attempt to circumvent the judge’s decision will have on the case.

Neither Samsung nor Apple were available for comment

(Image source: codenametech.com)