• After Samsung's evidence release, Apple asks Judge to rule in their favour as punishment, or at leas
    18 replies, posted
[url]http://techcrunch.com/2012/08/02/apple-lawyer-asks-judge-for-legal-win-in-wake-of-samsungs-questionable-info-leak/[/url] [quote=TechCrunch]Samsung and Apple’s big patent trial took an intriguing turn earlier this week when members of Samsung’s legal team decided to send information that was unusable in court to a handful of eager reporters. Of course, Apple wasn’t about to take that lying down. Apple attorney William F. Lee recently filed a motion that asked for the Korean electronics giant to be sanctioned (again). This time though, instead of monetary damages or a procedural edge in court, Lee’s newly requested sanction calls for the case to be dismissed and for Judge Lucy Koh to find in Apple’s favor. In Lee’s own words: [b]“…Apple respectfully requests that the Count sanction Samsung by granting judgment in favor of Apple on its claim that Samsung infringes Apple’s phone design patents, and granted judgment that those patents are not invalid.”[/b] Suffice it to say that’s probably not going to happen, so Lee offered up some alternative (more reasonable) penalties to be inflicted upon Samsung just in case he didn’t get lucky the first time. [B]At the very least, Lee contends, the jury should be told the court has found that Samsung indeed copied the Apple designs in question because the company’s actions were out of line. What’s more, Lee asks that Samsung be disallowed from pointing to designer Shin Nishibori’s Sony phone designs from here on out.[/B] In case you haven’t been keeping up with the case, here’s what Samsung did to prompt this kerfuffle. On the afternoon of the 31st, the Korean company’s legal counsel sent to members of the press a PowerPoint presentation that Judge Lucy Koh had previously deemed inadmissible. Exactly how damning that evidence is remains open to interpretation — the PowerPoint slides in question include some dialogue from Apple designer Shin Nishibori (who created the now well-known Sony iPhone designs) and phone designs the company was working on prior to the iPhone’s launch in 2007 — but Judge Koh was none-too-pleased with that turn of events. John Quinn, Samsung’s lead counsel for this case, eventually admitted in writing that he had authorized the release of the materials. It was a gutsy move on his part but not an impulsive or poorly-conceived one, as Groklaw artfully points out. Naturally, Apple didn’t take too kindly to Samsung’s maneuver, and here we are. The jury has been instructed to avoid related media coverage for the duration of the trial so their verdict ideally shouldn’t be influenced by the released information anyway, but that clearly wasn’t enough for Apple’s legal team. Whether or not this (damned ambitious) request goes anywhere is still unclear, but the trial is set to resume tomorrow so it shouldn’t be long at all before we find out if this whole thing ends before it really gets started.[/quote]
"As punishment for them being all mean and cheat, could you toss away your integrity as a judge, forget about the legal system and just rule in our favour so we can continue suing everyone and their dog because their square with rounded edges looks like our square with rounded edges?" -Apple.
[QUOTE=SweetSwifter;37056408]"As punishment for them being all mean and cheat, could you toss away your integrity as a judge, forget about the legal system and just rule in our favour so we can continue suing everyone and their dog because their square with rounded edges looks like our square with rounded edges?" -Apple.[/QUOTE] "Fuck it, why not" -Judge tomorrow
Where's Posner when we need him?
I don't agree with Apple trying to get the whole case thrown out, but Samsung can't just go around subverting the justice system because the judge didn't agree with them. They should be punished, but this is a ridiculous request.
[QUOTE=Dr Egg;37056520]I don't agree with Apple trying to get the whole case thrown out, but Samsung can't just go around subverting the justice system because the judge didn't agree with them. They should be punished, but this is a ridiculous request.[/QUOTE] While I would normally agree with such things, in this particular case, I'm inclined to side with Samsung on it. Apple are just being dicks here.
[QUOTE=NeoAznMan;37056491]Where's Posner when we need him?[/QUOTE] Stroking his Ego probably. :v:
[QUOTE=Dr Egg;37056520]I don't agree with Apple trying to get the whole case thrown out, but Samsung can't just go around subverting the justice system because the judge didn't agree with them. They should be punished, but this is a ridiculous request.[/QUOTE] The issue is however that the judge seems to have a less than subtle favoritism for Apple, and by blocking Samsung's appeal to introduce the evidence that it did, created a case that heavily favored the iCorporation already.
[QUOTE=Crazy Ivan;37057496]The issue is however that the judge seems to have a less than subtle favoritism for Apple, and by blocking Samsung's appeal to introduce the evidence that it did, created a case that heavily favored the iCorporation already.[/QUOTE] In what way has the judge shown favourtism towards Apple? And in any case, as I said, just because you don't agree with a judge's decision doesn't mean you get to ignore it. Samsung was late with their evidence even with a huge deadline, and now they are playing games with the jury. They should be punished.
[QUOTE=SweetSwifter;37056408]"As punishment for them being all mean and cheat, could you toss away your integrity as a judge, forget about the legal system and just rule in our favour so we can continue suing everyone and their dog because their square with rounded edges looks like our square with rounded edges?" -Apple.[/QUOTE] Square with rounded edges, eh? [IMG]http://scrapetv.com/News/News%20Pages/usa/images-5/bar-of-soap.jpg[/IMG] Come at me Apple!
"NUHHHH you can't do that it's against the rules!" Where's that programmer judge when you need him
[QUOTE=Crazy Ivan;37057496]The issue is however that the judge seems to have a less than subtle favoritism for Apple, and by blocking Samsung's appeal to introduce the evidence that it did, created a case that heavily favored the iCorporation already.[/QUOTE] uh it wasn't just some arbitrary thing. Samsung fucked up by missing the deadline for some stupid reason
[QUOTE=Dr Egg;37058680]In what way has the judge shown favourtism towards Apple? And in any case, as I said, just because you don't agree with a judge's decision doesn't mean you get to ignore it. Samsung was late with their evidence even with a huge deadline, and now they are playing games with the jury. They should be punished.[/QUOTE] The punishment shouldn't be that they lose the case, though. And the jury especially shouldn't be told that the court has found that Samsung copied Apple because of it.
[QUOTE=Dr Egg;37058680]In what way has the judge shown favourtism towards Apple? And in any case, as I said, just because you don't agree with a judge's decision doesn't mean you get to ignore it. Samsung was late with their evidence even with a huge deadline, and now they are playing games with the jury. They should be punished.[/QUOTE] Uhhh.... not to be mean or anything, but where the fuck have you been? How can you not know this stuff? [QUOTE=Lazor;37059205]uh it wasn't just some arbitrary thing. Samsung fucked up by missing the deadline for some stupid reason[/QUOTE] And all of Apple's "prototypes" have been on time? I hardly think so, since Apple just releases images right after Samsung provides their evidence.
[QUOTE=Zet;37061858]... And all of Apple's "prototypes" have been on time? I hardly think so, since Apple just releases images right after Samsung provides their evidence.[/QUOTE] Apple followed the rules, that's why they can show their prototypes, Samsung didn't, that's why they couldn't talk about their claims in court (Which is why they then went to the media, which this whole thread is about) So yes, Apple was on time, Samsung wasn't.
[QUOTE=Pepsi-cola;37058724]Square with rounded edges, eh? [IMG]http://scrapetv.com/News/News%20Pages/usa/images-5/bar-of-soap.jpg[/IMG] Come at me Apple![/QUOTE] That's not a square. That's a rectangle. [IMG]http://images.tradekool.com/177999100/Replacement-For-Gba-Sp-Case-Shell.jpg[/IMG] Here we go.
[QUOTE=Hidole555;37063618]That's not a square. That's a rectangle. [IMG]http://images.tradekool.com/177999100/Replacement-For-Gba-Sp-Case-Shell.jpg[/IMG] Here we go.[/QUOTE] [img]https://dl.dropbox.com/u/5733962/ShareX/2012-08/Untitled.png[/img] I'd like to see Apple take on [i]math[/i].
Whole thing sounds like a bunch of 12 year olds squabbling Still cant get over that you can patent a "bouncing back" animation.
[QUOTE=Neo Kabuto;37061567]The punishment shouldn't be that they lose the case, though. And the jury especially shouldn't be told that the court has found that Samsung copied Apple because of it.[/QUOTE] [url]http://www.facepunch.com/showthread.php?t=1202641&p=37056520&viewfull=1#post37056520[/url]
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