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Apple v. Samsung trial continues despite Apple's call for severe punishment

News by Andrew Kameka on Friday August 03, 2012.

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U.S. District Judge Lucy Koh denied Apple's motion to find Samsung guilty of patent infringement as punishment for "bad faith litigation." Apple requested that the court rule against Samsung for releasing excluded evidence to the press, but Judge Koh decided to proceed with the trial and let a jury decide whether Samsung infringes upon Apple's patents.

Reuters reports that the motion was filed in response to Samsung emailing reporters links to evidence that Judge Koh had excluded from being presented at trial on Tuesday. After Koh ruled that Samsung could not present slides arguing that Apple copied Sony when it designed the iPhone, attorneys for Samsung emailed the slides to a number of reporters with the following message attached:

"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."

Attorneys for Apple alleged that Samsung's actions were a deliberate attempt to sway the jury with evidence the court had already ruled inadmissible. Samsung countered that it released the information because of press inquiries, which was "lawful" and "ethical."

The trial will resume later today. After closing arguments, it's likely that Judge Koh will provide additional instructions to remind jurors that they may form an opinion only on the evidence presented in court.

source: Electronista

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Andrew Kameka
Andrew is based in Miami, Florida.

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