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.

  • Halt Indonesia drug executions until graft claims probed: Australia
    Halt Indonesia drug executions until graft claims probed: Australia

    Australia on Monday urged Indonesia to ensure all legal processes have been cleared of corruption before executing two of its nationals as bribery allegations surfaced regarding their drug smuggling trial. Foreign Minister Julie Bishop spoke to her Indonesian counterpart Retno Marsudi on Sunday evening while Prime Minister Tony Abbott has written to President Joko Widodo to again plead for the executions to be halted. "Bali Nine" drug traffickers Myuran Sukumaran and Andrew Chan could face …

  • Pagasa: Drought may worsen
    Pagasa: Drought may worsen

    The drought in 12 already dry areas in the country is expected to worsen as the summer season peaks next month, the Philippine Atmospheric, Geophysical and Astronomical Services Administration (PAGASA) warned yesterday. In an advisory, PAGASA said the provinces of Albay, Bataan, Batangas, Biliran, Cavite, Cebu, Ilocos Norte, Leyte, Misamis Occidental, Pampanga, Zamboanga del Norte and Zamboanga del Sur will continue to receive “way below” or “below normal” rainfall in May. PAGASA defines …

  • Maximum restraint for Phl troops in West Phl Sea
    Maximum restraint for Phl troops in West Phl Sea

    The military has advised its pilots conducting surveillance in the West Philippine Sea to exercise maximum restraint even if they are being bullied by Chinese troops. Armed Forces spokesman Brig. Gen. Joselito Kakilala said all actions of the pilots should be consistent with the declaration of conduct signed by claimant countries. Armed Forces public affairs chief Lt. Col. Harold Cabunoc said the Philippines should remain on moral high ground when it comes to the territorial dispute. A …

  • MMDA simulates rescue march after quake, tsunami
    MMDA simulates rescue march after quake, tsunami

    The Metro Manila Development Authority (MMDA) yesterday led the annual rescue march from Quezon City to Manila, giving rescue volunteers a glimpse of possible scenarios if the metropolis is hit by a strong quake or is inundated by a tsunami. Cora Jimenez, MMDA general manager, said 700 volunteer rescuers walked from the Quezon City memorial circle to the Bonifacio monument in front of the Manila city hall to simulate a response-exercise to a magnitude 7.2 earthquake. Renato Solidum, …

  • Islamic State threatens Mindanao, Phl tells Asean
    Islamic State threatens Mindanao, Phl tells Asean

    Foreign Affairs Secretary Albert del Rosario bared yesterday before the Association of Southeast Asian Nations (ASEAN) reports of the Islamic State of Iraq and Syria (ISIS) threat to the Philippines through the Black Flag Movement in Mindanao. Speaking before ASEAN foreign ministers, Del Rosario said the ISIS threat to Philippine security is real rather than imagined because of the Black Flag Movement’s pledge of allegiance to ISIS leader Abu Bakr al-Baghdadi. …

  • ‘Chinese reclamation affecting Phl’s energy security bid’
    ‘Chinese reclamation affecting Phl’s energy security bid’

    China’s occupation and buildup of its military structures in the West Philippine Sea and South China Sea is causing the country’s top energy official to get the jitters as the encroachment is seen as a huge dent on the Philippines’ efforts to achieve energy security. “It is a concern but if we don’t bring it to the United Nations, where will we bring it? We cannot bang heads with them,” Energy Secretary Carlos Jericho Petilla told The STAR in an interview over the weekend. The US Energy …

  • Phl to Asean: China getting de facto control
    Phl to Asean: China getting de facto control

    The Philippines yesterday urged the Association of Southeast Asian Nations (ASEAN) to unite and stop China’s massive reclamation in disputed waters as it will give China “de facto control” over the area and cause $100 million in marine wealth losses annually. At the ASEAN Foreign Ministers’ Meeting here, Foreign Affairs Secretary Albert del Rosario told his counterparts that the situation in West Philippine Sea had worsened just a year after the Philippines began to draw international …

  • Gov’t spends P11.8 M for Noy’s Asean trip
    Gov’t spends P11.8 M for Noy’s Asean trip

    The government has allotted about P11.8 million for President Aquino’s attendance at the 26th Association of Southeast Asian Nations (ASEAN) summit in Kuala Lumpur and Langkawi in Malaysia from April 26 to 28. “President Aquino’s participation to the 26th ASEAN Summit is important as the region gears toward the creation of an ASEAN community, which is envisioned to provide new opportunities for the peoples of this region, including the Philippines,” Ochoa said in a statement. He was with …

POLL

Should Aquino be held accountable over the Mamasapano operations?

Loading...
Poll Choice Options