The Apple vs Samsung roadside show… uh, trial has commenced on Monday and, as expected, every day brings fresh insight into the two rival’s strategies and inner working. Much of the evidence submitted to the court is public, which means that we are in for a real feast when it comes to information that was, until now, closely guarded.
While usually journalists have to scour through troves of legal documents to get to the juicy details, yesterday Samsung handed information directly to the media. Here’s Samsung statement, accompanied by a series of slides.
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 jury the full story and show the pre-iPhone design for that and other phones that were in development at Samsung in 2006, before the iPhone. 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.
As it turns out, the Korean’s legal team has repeatedly tried to submit as evidence the set of slides depicting several devices that share design elements with the Galaxy S (which Apple alleges that is a copy of the iPhone).
The presiding judge of the case, Lucy Koh, rejected Samsung’s multiple motions on the matter, because they were filed too late in the discovery stage (the stage when the two parties in a trial submit their evidence). As a result, Samsung will not be able to present the jury with the slides, which they call critical for their case. According to The Verge, Samsung lead counsel John Quinn even asked the judge “what’s the point in having a trial?” if relevant evidence is not accepted, but Koh categorically denied his plea.
The slides relate to two key arguments of Samsung’s defense – first, that Apple has actually “borrowed” the design of the iPhone from Sony, and second, that Samsung has independently evolved a design language that was similar to the iPhone’s, before Apple’s smartphone was launched.
It is understandable why Samsung wanted to bring these slides in front of the jury, and to an extent, why they decided to release them to the public, once it was clear that Judge Koh will not allow them in the trial. However, as you’d expect, the judge was not happy with Samsung’s stunt, and many speculate that the Koreans will come to regret stepping on Koh’s toes. The judge apparently summoned John Quinn to explain Samsung’s actions, although the slides have been available to the public for a few days now.
Legal experts say that Samsung might have decided to risk infuriating Judge Koh in order to have a stronger argument in the very likely possibility that the litigation war would reach an appeal. Whether it was a smart move or not, we’ll see in the coming days.
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Koh seems quite bias towards Apple for someone who’s job it is to be neutral.
There is the understatement of the day…I wonder what phone Koh uses…They should have gotten a judge that has a Windows Phone
A US judge siding with the US company? I’m shocked, that’s never happened before (RIM).
“The presiding judge of the case, Lucy Koh, reject Samsung’s multiple motions on the matter, because they were filed too late in the discovery stage (the stage when the two parties in a trial submit their evidence). ”
From this we can determine:
1. When Samsung tried (multiple times) to submit the evidence, it was still in the discovery stage, so they were still entitled to submit new evidence – The judge should not have been able to reject it.
2. Based on (1) and the fact she did reject it, it sounds to me like she is seriously biast towards apple!!
Why, oh dear God why? Lucy Koh is not neutral. It must be easy to become a judge. How can she be a judge, she favors apple and samsung cannot to anything. So much for the land of the free and the home of the brave…
This is hilarious. Now the world can see how biased Judge Koh is. This is more than enough evidence to prove Samsung’s case, yet she denied it because she wants Sammy to take a humiliating defeat. Now the joke’s on you, Koh.
And I’m glad it went out to public. I hope social networks will crucify her and expose her bias.
she is a b*tch
Now we all know who she is (a bi#&$ch) and apple a crap. Goo samsung
I hope samsung wins.. and apple meets thier loo after this ios will fade away.. becos.. if they loose
Totally biased. Samsung will lose it if it goes this way.
Koh ruled on a matter of law: Samsung failed to introduce the evidence during the proper period of discovery, hence the evidence is inadmissible. It has nothing to do with the content of the evidence; it’s the result of a procedural mistake on Samsung’s part.
But the point of the matter is it made Apples legal team mad. Why? I mean Samsung did copy them and they didnt copy Sony right?
so why must she be mad when they released it to the public? explain that.
The reality is a whole lot more complex than that. They were busy trying to get two very important witnesses lined up for the trial. One of them is Apple’s former designer of the Jony phone. Turns out the reason he didn’t respond was he was medically incapacitated. Judge should of allowed this evidence. Instead she’s denied Samsung their due process and plunged this case into a whirlwind of controversy, that will have her facing impeachment!
This trial ended in favor of Apple the moment Koh took the chair.
If anything, by pissed her off and possibly making her act up, even appear pissed to a point where they can claim it clouded her “natural” judgement may win them the appeal.
IMPEACH LUCY KOH
She is cleary on Apple`s payroll and this whole case stinks of corruption!
I personally don’t understand why Samsung was so strongly about having this information presented. I mean honestly it was already disprove both before and during court when apple revealed their code name purple iphone concept which predates anything they were going to use. So to me it looks like samsung was trying to confuse the jury. I don’t think Koh is biased towards either company she has ruled in favor of both in the past. But i do agree with her decision if its already been invalidated theirs no point in allowing it to go before the jury.
Well, People like Us should bring this matter to the Higher Court. Not only Samsung and Apple but also Judge Koh has to be in the trial to figure out what’s been going on.
LOL Samsung is so retarded. What a bunch of idiotic copycats XD lmao rofl
LOL I am so retarded and I love big black cock! lmaorofl!
LOL Samsung is such a desperate copycat.
What a freaking desperate moron! lol…. if you able to actually think for yourself and understand things out beyond rotten Apple Curtain, Samsung just proved to you iDIOTS that Apple most likely copied (not just inspired by Sony) Samsung! lol….
Quinn is one of the most feared IP attorneys in the country if not the World. He just pulled Apple off their game and into admitting that they’re freaked out and really don’t want to face this guy in court! haha….
So they’ve throwin the Hail Mary Mother of God pass just hoping and praying Judge Koh makes the biggest mistake of her career and grants their asinine wish sanction Quinn by not even giving Apple their requested Jury Trial. Talk about embarrasing? lol….. that’s why those in the know realize this is a Zen Master Attorney working his trade like a pro!
Apple? OMG…. they just exposed themselves as TERROR STRICKEN of FACING MORE OF THIS STUFF WHERE THIS CAME FROM!!!! haha…. if you read what he responded with to Judge Lucy iKoh, you’d realize this was planned with the expertise of a finely skilled brain surgeon! :DDD ….Apple’s attorney’s are afraid he’s been doing bath salts and may eat their faces off in court! hehe…. Quinn Quinn he’s our man, if he can’t do it…. nobody can!!! ;-P
Everyone in the tech industry are copycats. Apple would never, never copy anyone (notification bar, wireless updates, etc). They also invented the tablet and cell phone just like Al Gore invented the internet. Typical ignorant apple can-do-no-wrong a-hole. Just keep buying you overpriced Apple crap and shut your mouth.
Barrack room lawyers — don’t you just love ‘em…
Even if Apple wins they are loosing the public war and it’s showing in phones sales and bulky design and this and this is coming from an 15 year Mac buyer. We have 3 macs, 2 iPhones, 1 iPad, and a few iPods, etc in my house. But this year I bought my first Samsung, the Galaxy s3 and traded in my iPhone 4. Samsung is nothing like the iPhone 4, because the Galaxy is sleeker, nicer and better at most things also.
I love watching Apple haters get all pouty. it never gets old.
sent from my mac, bitches.
This should be more than enough to get Samsung an appeal!
Questions? Can egg make copy from chicken?
Who do you think build all iPhone prototype since the day Apple started testing them Years before 2007…
There’s a video on youtube where Steve Jobs was quoted as saying “good artists copy but great artists steal”…talk about eating your own words, the ideas they stole, patented it just to be bold faced and yet have the balls to say Samsung copied them??? Come on..