Apple demands Samsung flogged for 'unethical' court doc leak
You'll pay for this, oh you'll pay...
Apple has said it will file an emergency motion of censure against Samsung after its South Korean rival released information to the press that had been barred in court.
"This deliberate attempt to influence the trial with inadmissible evidence is both improper and unethical," said William Lee, Apple's legal counsel. "Accordingly, we write to inform the court that Apple will be filing today an emergency motion for sanctions and other relief that may be appropriate."
Yesterday Judge Lucy Koh expressed her extreme displeasure at Samsung's tactics, after the firm's lawyer sent out documents to some members of the press which had been excluded from testimony in court because they weren't filed in time.
Was this the handset that launched a million iPhones?
According to Apple, the documents detail claims that Samsung was working on a similar design long before the iPhone was announced, its F700. Samsung attorney John Quinn confirmed on Wednesday that it was he who approved the document release, but didn't say who wrote it as requested by the judge.
"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 full story. The excluded evidence would have established beyond doubt that Samsung did not copy the iPhone design," Samsung said in its statement, the letter from Apple states.
While Judge Koh may be peeved by the release, Samsung may have decided that it has to speak to the monkeys not the organ grinder. Judge Koh has already signed off on sales bans in the US of both the Galaxy Nexus smartphone and Galaxy Tab 10.1 and it's now to the jury of seven men and three women to decide if that ban holds. ®
I love the guys with the "real knowledge" while the rest of us schmucks have to go by silly published facts.
First off, every single news article, including here on El Reg, specifically said the slides released were about the F700's design process (along with several other phones from both Samsung and others). If you don't believe everyone, just check out the first page of Google results for 'samsung leaked slides' and you'll see them for yourself. Here's one: http://1.androidauthority.com/wp-content/gallery/samsung-leaked-slides/87782.jpg
If you have evidence that a) the F700 was designed by Sony (which is the most sense I could make of that second rant) and b) the slides above are fradulent in some way then you should probably be contacting both Apple and Sony, not to mention Judge Koh, because none of them seem to be clued in to this. I bet Sony in particular would probably be pretty happy to learn they forgot Samsung owes them a couple million on the low end.
Second of all, since you've clearly never worked in any sort of serious profession where R&D is a thing, let me help you out on understanding timelines. Cellular phones aren't designed in a weekend. The F700 may have been released shortly after the iPhone, this has nothing to do with when it was designed. Just getting the FCC SAR testing for a new cellular body and antenna done takes months. The conceptual design for this phone would have been started back when Steve Jobs was swearing up and down to Walt Mossberg in WSJ that Apple would never enter the cell phone market.
As far as I can tell, Apple could have argued that the F700 was actually an Apple design stolen from Steve Jobs's sock drawer, and Samsung would be barred from arguing otherwise...
If you've seen Judge Birss' tongue-in-cheek UK ruling, it's fairly clear (reading between the lines) that he regarded the whole case as frivolous - which is how it should be. Apple are just trying to be bully boys and hate any competition that might undercut their grossly over-priced pretty-boy products. 8.8 billion dollars profit is obviously not enough.