Remember the excluded Samsung documents we told you about yesterday? The ones that Samsung sent out to the media after they had been denied the ability to enter them into court? We told you how Samsung’s lawyer, John B. Quinn, argued that sending them along to journalists was neither unethical nor illegal. Apple has a different opinion, which they filed in court today.
In that filing, Apple said that “Samsung and its counsel engaged in bad faith litigation misconduct by attempting to prejudice the jury,” according to the Wall Street Journal. Apple further said the court “should not condone this behavior” and should “severely sanction Samsung.” Strong words, indeed, but perhaps fully warranted, as the jury now has a greater chance of seeing released documents, and thus contaminating the legal proceedings.
Samsung’s behavior “undoubtedly substantially increased the risk that the jury will see—or, at a minimum, be influenced by someone who has seen—precisely the evidence the Court has excluded,” wrote Apple co-counsel Bill Lee today.
According to a separate report, Apple asked that US District Judge Lucy Koh issue a finding in favor of Apple in the matter of patent infringement, the original complaint that started this trial in the first place. It’s unlikely Judge Koh will sanction Samsung by just finding for Apple, of course. She has not released a statement or ruling as of this writing.
Source: The Wall Street Journal