The U.S. Apple vs Samsung trial started a few days ago with jury selection followed by the opening statements of both Apple and Samsung, with each party explaining the jury why it should win this major patent dispute for the mobile world.
But then something unexpected happened, Samsung’s counsel decided to leak to the press certain documents that the Judge presiding over the case found to be inadmissible as evidence in this trial. The move angered Judge Lucy Koh, who unsurprisingly demanded for an official explanation from the Android device maker.
Samsung’s lead counsel issued a statement explaining the move, and acknowledging he willingly shared the inadmissible evidence with the media, but that his action do not go against the instructions received from the same Judge during pre-trial motions. He reminded the Court that it’s the Court’s view that the trial has to be public, because consumers are directly interested in the outcome of this case.
That’s why Samsung’s lawyer argued that the media debacle is not unlawful. Furthermore, he said that it wasn’t his intention to affect the jury’s decision by showing these documents to the media.
Naturally, Apple fought back, and now we hear that Apple wants Samsung to pay dearly for the company’s alleged misconduct. Apple apparently demands that the Judge should end the trial now, but not with a mistrial decision. Instead, Judge Koh should dismiss the trial in Apple’s favor, therefore confirming Samsung products are indeed violating Apple patents and designs, as a punishment for Samsung’s actions.
The Judge is yet to rule on the matter, but while we wait to see what her verdict will be, we can take a look at the two Apple suggestions from its latest filing (the full document is available below) regarding a potential favorable verdict:
“The proper remedy for Samsung’s misconduct is judgment that Apple’s asserted phone design patents are valid and infringed. Through its extraordinary actions yesterday, Samsung sought to sway the jury on the design patent issues, and the proper remedy is to enter judgment against Samsung on those same patents. It would be, to be sure, a significant sanction. But serious misconduct can only be cured through a serious sanction—and here, Samsung’s continuing and escalating misconduct merits a severe penalty that will establish that Samsung is not above the law.”
In the alternative, and at a minimum, the Court should (i) instruct the jury that Samsung engaged in serious misconduct and that, as a result, the Court has made a finding that Samsung copied the asserted designs and features from Apple products; and (ii) preclude Samsung from further mentioning or proffering any evidence regarding the ‘Sony design exercise’ for any purpose.”
Basically, Apple is seeking to obtain a faster victory. In each of the scenarios above, Samsung would have to either pay damages and royalties – and Apple wants $2.525 billion for its trouble – or have various Galaxy-branded devices banned from sales in the U.S. – a decision that Apple apparently prefers to any monetary resolution.
In addition to this request, Apple also wants the jury to know that Samsung destroyed evidence that would have helped the iPhone maker in the case.
The Apple vs Samsung case is just beginning, but we’ll definitely keep you in the loop with everything that happens in the case.