The Register® — Biting the hand that feeds IT

Feeds

Beak explodes at Samsung's evidence leak in Apple patent spat

Jury nobbling fears over banned slides

Agentless Backup is Not a Myth

Samsung has enraged the US judge overseeing its patent battle with Apple by leaking to reporters evidence she had previously banned from court.

The South Korean electronics monster is hoping to persuade a jury that it did not rip off Apple's designs for its own smartphones. It kicked off the first day of arguments in the trial by trying once more to put forward as evidence its F700 phone design, which predates the iPhone, as well as internal emails alleging Apple was pursuing a Sony-style design for its iOS smartmobe.

Samsung has already tried to get the paperwork filed as formal evidence a number of times, but it produced the documents too late in the discovery process so Judge Lucy Koh has excluded them from the trial.

Samsung's top legal eagle John Quinn made another attempt in court yesterday when the F700 appeared on one of Apple's slides.

"In 36 years, I've never begged the court. I'm begging the court now," he said, according to reporters in the courtroom. "What's the point in having a trial?"

But Judge Koh was having none of it, so Samsung took matters into its own hands, releasing the slides it wanted to use in court along with a statement to selected media outlets.

"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 firm said.

"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."

Punting the evidence to the press seems like a blatant attempt by Samsung to win over the court of public opinion, or at least set up grounds for an appeal if Apple win the case. The iPhone-making rival instead accused Samsung of trying to nobble the jury.

The fruity firm's lawyer Harold McElhinny told Judge Koh at the end of the day that Samsung had sent the slides to the press: "This is an intentional attempt to pollute this jury. I have just never seen anything like this."

Beak blows her top

Judge Koh was, in the words of The Verge's court reporter, "livid" at Samsung.

"I want to know who drafted the press release, who authorised it, who released it and I want a declaration from Mr Quinn [on] what his role was," she said, giving Samsung until 9.00 PDT (17.00 BST) on Wednesday to answer her.

The day's fireworks surrounded opening statements for the two firms in the case, each tech titan sticking to well worn paths of allegations and denials of copying.

Apple's McElhinny relied on slides showing Samsung phones from 2006 and then ones from 2010, saying that the key question for the jury was how the South Korean firm's engineers leaped from one to the other.

Another of Samsung's attorneys, Charles Verhoeven, made an opening statement, with the basic argument that Apple's patents are invalid because iPhone-sized products have been knocking around for ages.

Samsung may have put the judge's back up, but it's the jury it has to convince over the next four weeks or so as it tries to get bans on the Galaxy Nexus and Tab 10.1 permanently lifted and avoid forking over billions of dollars to Apple. ®

What you need to know about cloud backup

Re: Is anyone

Here's Steve Jobs explaining how "Good artists copy, great artists steal": http://www.youtube.com/watch?v=CW0DUg63lqU - he proudly announces he has "shamelessly stolen great ideas".

Clearly this too would be banned by this judge in America as it too, whilst being of direct relevance to the case, helps Samsung.

The Samsung guy was right to ask "why bother with a trial", but should have added "in the US".

40
2

Re: Evidence

Redneck 'Merking here.

First, only the defendant is required to be appraised of the prosecutor's arguments so as to prepare a defense against them.

Second, since Apple introduced the excluded evidence as part of their presentation, defense is permitted rebuttal without having aired said rebuttal previously.

I think were I a foreigner being abused by Judge Koh the way Samsung is, I'd work hard to embarrass the hell out of her too.

40
2

Evidence

Correct me if I'm wrong, but if the judge refuses to accept something as evidence, then it isn't evidence. So she has abrogated her remit over how it's used afetr that ?

34
2

More from The Register

 breaking news
Number of cops abusing Police National Computer access on the rise
Only a telegram from the Queen can get you off it
 breaking news
NSA whistleblower to tech firms, Obama: 'Grow a pair!'
Ed Snowden: Email tracking grabs 'IPs, raw data, content, headers, attachments, everything'
Google flings another £1m at online child sex abuse vid CRACKDOWN
See, see, we're trying, ad giant tells Daily Mail UK.gov
 breaking news
NSA PRISM-gate: Relax, GCHQ spooks 'keep us safe', says Cameron
Whatever they are up to, it's all above board, we're told
SCO vs. IBM battle resumes over ownership of Unix
Zombie lawsuit back and wants to suck the brains out of Linux
PRISM snitch claims NSA hacked Chinese targets since 2009
Snowden suddenly looks safer in Hong Kong after revelations
 breaking news
US chief spook: Look, we only want to spy on 6.66 BEELLLION of you
Americans assured they are not in the NSA's sights
NSA: We COULD track you by your phone ... if we WANTED to
Honestly, too much work, can't be bothered