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Apple Requests Sanctions Against Samsung Delivering Default Victory in Design Patent Case

The ongoing court case between Apple and Samsung over alleged patent and design infringement has continued to take strange and interesting turns, with Samsung having been chided earlier this week for publicly releasing evidence that it had already been barred from presenting in court. But in taking its case to the media, Samsung raised the ire of the judge overseeing the case and caused Apple to file a request for sanctions based on the claim that Samsung is trying to improperly influence the jury in the case.

The disputed evidence involves Sony-inspired iPhone prototypes as well as information on Samsung's F700 smartphone, which the company says carries a similar design to the iPhone but for which Samsung has internal documentation of the design dating back to mid-2006, before the iPhone's January 2007 unveiling.


AllThingsD reports that Apple has taken the rather bold position that sanctions against Samsung should result in a default ruling from the judge against Samsung.
Apple, in its motion for sanctions, argues that Samsung’s broadcast of excluded evidence is not only a clear attempt to prejudice the jury, but part of an emerging pattern of misconduct.

“Samsung already has been sanctioned four times in this case for discovery abuses. Most recently, Samsung was sanctioned for destroying evidence,” Apple’s legal team wrote. “Litigation misconduct is apparently a part of Samsung’s litigation strategy — and limited sanctions have not deterred Samsung from such misconduct. Now, with so much at stake, Samsung has taken the calculated risk that any sanctions arising from its attempt to influence the jury with its excluded arguments are a price it is willing to pay.”
Outlining its belief that Samsung's escalation of misconduct in the case can only be properly addressed by a judge-ordered decision against the company, Apple notes that "serious misconduct can only be cured through a serious sanction".

As highlighted by FOSS Patents, Apple's request for sanctions would cover only the four design infringement claims against Samsung, with the remaining software patent claims and trade dress issues still being subject to a decision by the jury.
In that case, Samsung would potentially face a billion-dollar damages bill, most of which would be a disgorgement of infringer's profits. The jury would still have to establish liability with respect to Apple's three software patents-in-suit and its two trade dresses, but liability with respect to the four design patents-in-suit would be determined by the court.
As an alternative to the proposed court-issued decision in Apple's favor, Apple proposes a somewhat lesser sanction that would see the jury informed of Samsung's misconduct and instructed that the court believes Samsung to have infringed Apple's designs, with Samsung also being barred from any further discussion of the disputed evidence.

Top Rated Comments

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31 months ago
Samsung is really pathetic.
Rating: 41 Votes
31 months ago
Does look like Samsung is resorting to pulling hair and kicking at the nuts in an attempt to get out of this one.
Rating: 25 Votes
31 months ago

There's a reason the judge left out samsungs "evidence".


Yes, Samsung was late in filing it.

I don't think Apple should "win by default" because of this though. Win on the merit of your case and IP. It's not as if Apple itself didn't submit shoddy evidence (the photoshopping of Samsung devices to make them seem more like iPads/iPhones comes to mind).
Rating: 23 Votes
31 months ago

Another patent battle...:apple:


Actually, this is pretty much the patent battle.
Rating: 23 Votes
31 months ago
Even if Apple loses I will always think of Samsung as a parts manufacture that copied Apple's products, marketing, and packaging to be more like Apple.
Rating: 23 Votes
31 months ago
1. Personally I think this makes Apple look desperate. As if they don't believe they can win the case.

2. As far as I can tell (and I could be wrong) nothing that was actually released wasn't already in the public domain anyway.
Rating: 21 Votes
31 months ago

1. Personally I think this makes Apple look desperate. As if they don't believe they can win the case.


Lawyers often ask for things they know they aren't going to get. If they failed to ask, they could be blamed later for not doing the utmost for their client.
Rating: 17 Votes
31 months ago

Yes, Samsung was late in filing it.

I don't think Apple should "win by default" because of this though. Win on the merit of your case and IP.


This is very crucial as it influences the decision of the Jury. Apple is simply asking the judge to release JMOL's based on the contempt and release the verdict in favor of them and have requested Samsung to be sanctioned for their wrong-doings.

It's not as if Apple itself didn't submit shoddy evidence (the photoshopping of Samsung devices to make them seem more like iPads/iPhones comes to mind).


Another comment, another B.S. statement. On the very same page, Apple refers to the exact dimensions of both products. Moreover, Apple released a number of Samsung images in the same document and specifically say that the Samsung in context is bigger and that their dimensions are different.

Apple was simply making a point that Samsung cannot simply make the phone bigger and avoid getting caught.

But, yeah. Rage on!
Rating: 13 Votes
31 months ago

1. Personally I think this makes Apple look desperate. As if they don't believe they can win the case.


Excuse me. So Samsung tries to submit evidence well past the deadline, most likely to make sure that Apple has no time to respond in court. And if the evidence was any good, then they would have submitted it in time, unless their lawyers are total morons. Then they are told that this evidence cannot be submitted. Then they have the audacity to go against what the judge tells them and publish all this so-called evidence as widely as possible. And all this makes Apple look desperate. :eek:
Rating: 12 Votes
31 months ago

Another patent battle...:apple:


Same battle. different day.

btw..

There's a reason the judge left out samsungs "evidence".
Rating: 11 Votes

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