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.

apple samsung logos
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

Compile 'em all Avatar
151 months ago
Samsung is really pathetic.
Score: 41 Votes (Like | Disagree)
Santabean2000 Avatar
151 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.
Score: 25 Votes (Like | Disagree)
BornAgainMac Avatar
151 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.
Score: 23 Votes (Like | Disagree)
KnightWRX Avatar
151 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).
Score: 23 Votes (Like | Disagree)
miles01110 Avatar
151 months ago
Another patent battle...:apple:

Actually, this is pretty much the patent battle.
Score: 23 Votes (Like | Disagree)
samcraig Avatar
151 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.
Score: 21 Votes (Like | Disagree)

Popular Stories

General Apps Messages

Apple Announces 'Groundbreaking' New Security Protocol for iMessage

Wednesday February 21, 2024 6:00 am PST by
Apple today announced a new post-quantum cryptographic protocol for iMessage called PQ3. Apple says this "groundbreaking" and "state-of-the-art" protocol provides "extensive defenses against even highly sophisticated quantum attacks." Apple believes the PQ3 protocol's protections "surpass those in all other widely deployed messaging apps," according to its blog post:Today we are announcing...
Beyond iPhone 13 Better Blue Face ID Single Camera Hole

Six Reasons to Wait for Next Year's iPhone 17

Thursday February 22, 2024 4:20 am PST by
Apple's iPhone development roadmap runs several years into the future and the company is continually working with suppliers on several successive iPhone models concurrently, which is why we sometimes get rumored feature leaks so far ahead of launch. The iPhone 17 series is no different, and already we have some idea of what to expect from Apple's 2025 smartphone lineup. If you plan to skip...
iOS 17

iOS 17.4 Will Add These New Features to Your iPhone

Monday February 19, 2024 6:52 am PST by
Apple last month confirmed that iOS 17.4 will be released in March, and the update includes several new features and changes for the iPhone. Key new features in iOS 17.4 include major App Store changes in the EU and Apple Podcasts transcripts. The update also adds new emoji and includes preparations for the launch of next-generation CarPlay later this year. More details about the new...
iPhone Notch

Apple Explored These Notch and Dynamic Island Designs for iPhones

Friday February 23, 2024 2:05 pm PST by
With the iPhone 14 Pro models in 2022, Apple introduced the Dynamic Island, which can morph and expand to display system alerts, sports scores, and a variety of other information. The feature makes the space surrounding the front camera and Face ID sensors useful compared to the notch on older iPhone models. Apple explored a variety of ideas for the iPhone's notch area over the years before...
Oled iPads and MackBook Pro Notch

Apple's OLED Roadmap: New iPad Mini, Foldable iPad Pro, and More

Wednesday February 21, 2024 5:29 am PST by
Apple is planning to launch at least nine new devices with OLED displays across the iPad and MacBook product lines, according to an updated forecast from research firm Omdia that sets out the company's plans in detail. As widely rumored, Apple's push to transition to OLED will apparently be jump-started by the release of new 11- and 13-inch iPad Pro models this year. The displays will...
Next Generation CarPlay Porsche 1

Apple Launching Next-Generation CarPlay This Year With These New Features

Wednesday February 21, 2024 2:03 pm PST by
Apple recently updated its website to confirm that the first vehicle models with next-generation CarPlay support will debut "in 2024." This wording is shown on Apple's regional websites for the U.S., Canada, Australia, New Zealand, and many other countries. The iOS 17.4 beta includes code-level references to eight new CarPlay apps:Auto Settings: This app will let you manage paired iPhones...
cracked glass vision pro

Handful of Apple Vision Pro Units Develop Identical Crack in Cover Glass

Friday February 23, 2024 4:46 am PST by
A small number of Apple Vision Pro owners have claimed that their headsets developed a hairline crack down the middle of the front cover glass, despite having never been dropped or mishandled. Photo of hairline crack in Vision Pro front glass (credit: Reddit user Inphenite) The first report was posted in the subreddit /r/VisionPro about 18 days ago, and several more have appeared in the last...
iPad Pro OLED Feature 2

Apple's Upcoming OLED iPad Pro Models Rumored to Be Much Thinner

Tuesday February 20, 2024 1:39 pm PST by
Apple is planning to update the iPad Air and iPad Pro lineups as soon as March, and the new iPad Pro models will be significantly thinner according to dimensions shared by 9to5Mac. Citing sources with knowledge of Apple's plans, the site claims that the larger version will be more than 1mm thinner. The current 12.9-inch iPad Pro measures in at 6.4mm thick, but the new model is said to be 5mm ...