Apple seeks 'emergency'
sanctions against Samsung
Apple today said it will
file for penalties against Samsung in the federal court case between the two
companies.
by Josh Lowensohn August 1, 2012 1:21 PM PDT
Apple is not happy with
Samsung's explanation for why it published excluded evidence outside of court
yesterday.
In a letter to U.S.
district court judge Lucy Koh this afternoon, Apple's counsel William Lee said
the company found Samsung's letter to the court -- which was filed by John B.
Quinn of Samsung's law firm Quinn Emanuel Urquhart & Sullivan earlier today
-- to be unsatisfactory.
"Mr. Quinn's
declaration does not address two of the Court's questions: who drafted the
statement and who released it," Lee wrote. "Samsung's multiple
references to the jury in its statement make plain its intent that the jurors
in our case learn of arguments the Court has excluded through the press."
As a result Lee says Apple
will file an "emergency motion for sanctions" as well as "other
relief that may be appropriate."
In other words, Apple
wants Samsung to get in trouble for what it thinks is not playing by the rules
in court. What exactly that penalty will be will be laid out in Apple's
subsequent filing.
The evidence in question
were slides of Samsung phone designs, as well as an excerpt from the deposition
of former Apple designer Shin Nishibori. In its statement yesterday sent to
CNET and other news outlets, Samsung said the "excluded evidence would
have established beyond doubt that Samsung did not copy the iPhone
design."
The squabble is the latest
between the two companies during the case. The two sides spent a considerable
portion of the first two days of court vying for various parts of evidence to
be included, or excluded from opening statements as well as testimony. The case
picks back up on Friday with a continuation of the testimony of Apple SVP Phil
Schiller.
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