Apple asks for verdict after Samsung 'misconduct'

With a major patent trial barely underway, Apple has asked a judge to rule against Samsung, saying lawyers for the South Korean firm improperly disclosed information excluded in court in a bid to sway jurors.

An Apple court document released Thursday said Samsung issued a statement to the press with data excluded from the trial, which began in San Jose Monday on patent infringement over smartphones and tablet computers.

"Apple seeks a finding that Samsung and its counsel have engaged in bad faith litigation misconduct by attempting to prejudice the jury," the motion to Judge Lucy Koh said.

"Samsung apparently believes that it is above the law, and that it -- not this court -- should decide what evidence the jury should see."

According to court documents, Samsung provided media with a statement Tuesday expressing displeasure with the judge's exclusion of evidence.

"Samsung was not allowed to tell the jury the full story and show the pre-iPhone design... in development at Samsung in 2006, before the iPhone," said the statement from the South Korean firm.

"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 said in its motion that releasing the statement represented "misconduct" because it could influence the jury.

"Samsung already has been sanctioned four times in this case for discovery abuses," Apple's motion said.

"Most recently, Samsung was sanctioned for destroying evidence. Litigation misconduct is apparently a part of Samsung's litigation strategy -- and limited sanctions have not deterred Samsung from such misconduct."

Apple said it would not request a mistrial but instead ask the judge to rule in the case.

"It is fully within the court's authority to order judgment in Apple's favor as a sanction for this misconduct," it said, adding the judge may also "instruct the jury that Samsung engaged in serious misconduct."

Apple's senior vice president of worldwide marketing, Philip Schiller, was to be on the stand when the trial resumes Friday.

Jurors on Tuesday began hearing the biggest US patent trial in decades, with billions at stake for the tech giants.

Apple is seeking more than $2.5 billion in a case accusing the South Korean firm of infringing on designs and other patents from the iPhone and iPad maker.

This is one of several cases in courts around the world involving the two electronics giants in the hottest part of the tech sector -- tablet computers and smartphones.

While the results so far have been mixed in courts in Europe and Australia, Samsung is clearly on the defensive in the US case.

Loading...

Editor’s note:Yahoo Philippines encourages responsible comments that add dimension to the discussion. No bashing or hate speech, please. You can express your opinion without slamming others or making derogatory remarks.

  • SE Asia Stocks - Mostly down; Thai shares near 2-week low

    BANGKOK, May 26 (Reuters) - Most sharemarkets in Southeast Asia fell on Tuesday with the Thai index ending at a near two-week low and the Philippines touching a near four-week low after trade data while ... …

  • China breaks ground on lighthouse project in South China Sea

    China hosted a groundbreaking ceremony for the building of two lighthouses in the disputed South China Sea, state media said on Tuesday, a move that is likely to escalate tensions in a region already jittery about Beijing's maritime ambitions. China's Ministry of Transport hosted the ceremony for the construction of two multi-functional lighthouses on Huayang Reef and Chigua Reef on the disputed Spratly islands, state news agency Xinhua said, defying calls from the United States and the …

  • SE Asia Stocks - Thai, Philippine indexes weak after trade data

    BANGKOK, May 26 (Reuters) - Most Southeast Asian stock markets rose in line with the rest of Asia on Tuesday but the Thai index pared early gains after weak trade data in April, while the Philippine benchmark ... …

  • Is your home on top of a faultline?
    Is your home on top of a faultline?

    The Philippine Institute of Volcanoly and Seismology (PHIVOLCS) recently issued an updated and high-resolution "atlas" of the East Valley Fault and West Valley Fault, two major faultlines that run through sections of Metro Manila. Metro Manila may be due for a 7.2-magnitude earthquake within this lifetime, say experts from the institute, among them PHIVOLCS director Dr. Renato Solidum, Jr. According to records, the last major earthquake caused by the West Valley Fault took place 357 years …

  • Filipina maid photographs "modern slavery" in Hong Kong

    By Emma Batha LONDON (Thomson Reuters Foundation) - A Filipina maid in Hong Kong has published stark photographs of burned and beaten domestic workers to highlight the "modern slavery" she says has long been the city's shameful secret. "Hong Kong is a very modern, successful city but people treat their helpers like slaves," said Xyza Cruz Bacani, whose black and white portraits won her a scholarship from the Magnum Foundation to start studying at New York University this month. It's common …

  • Want to buy a brand new car?
    Want to buy a brand new car?

    Tired of fixing your old car? Maybe, this is the best time for you to invest a brand new car. BPI Family Savings Bank, the country’s leading consumer bank, is extending its newest campaign “Bagong Kotse, 1-Month Libre” promo until June 30, 2015 which allows potential car buyers to avail of a car loan term up […] The post Want to buy a brand new car? appeared first on Carmudi Philippines. …

  • ‘Kentex owners still in Phl’
    ‘Kentex owners still in Phl’

    The daughter of one of the Kentex Manufacturing Corp. owners has assured the government that the businessmen are still in the Philippines, contrary to some reports that they have fled the country. Barbara Ang, daughter of Kentex shareholder Veato Ang, said her father and his business partners have no plans of leaving the country despite the razing of the Valenzuela slipper factory, which killed 72 workers on May 13. Valenzuela Mayor Rex Gatchalian also stood by his promise to punish any local …

  • Lawmakers to review building code provisions
    Lawmakers to review building code provisions

    Lawmakers are set to review provisions of the National Building Code and Republic Act 10121, or the Philippine Disaster Risk Reduction and Management Act, to strengthen contingencies and policies to prepare the country for possible major earthquakes. The move came following proposals from Reps. Winston Castelo of Quezon City and Lito Atienza of the Buhay party-list to review the two laws and other regulations during a hearing of the House committee on Metro Manila development on the …

POLL

Should Aquino be held accountable over the Mamasapano operations?

Loading...
Poll Choice Options