Apple Asks Court to Severely Sanction Samsung

Posted August 3, 2012 at 2:26am by iClarified | Please help us and submit a translation by clicking here | 6318 views

Apple has asked Judge Lucy Koh to impose a sanction against Samsung as a punishment for trying to pollute the jury pool. A sanction is simply a penalty or other means of an enforcement in return for disobeying the law.

Apple told the court that Samsung is using "litigation misconduct" as a strategy, and that declaring Apple's patents valid and infringed would be a suitable remedy, even though it is a significant sanction.

Apple is basing its plea for sanctions off of Samsung recently releasing evidence to the public that was previously banned from the trial.

Judge Koh was livid at Samsung for its actions, according to InformationWeek, especially after having to literally order Samsung attorney John Quinn to sit down after he kept asking her to allow the evidence after the issue was already decided.

Allthingsd reports that Apple wouldn't request a mistrial, because that would essentially reward Samsung for their misbehavior. Below is an exert from Apple's legal team.

Samsung already has been sanctioned four times in this case for discovery abuses (see image at right). Most recently, Samsung was sanctioned for destroying evidence. 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.

[…]

The proper remedy for Samsung's misconduct is judgment that Apple's asserted phone design patents are valid and infringed. Through its extraordinary actions yesterday, Samsung sought to sway the jury on the design patent issues, and the proper remedy is to enter judgment against Samsung on those same patents.

It would be, to be sure, a significant sanction. But serious misconduct can only be cured through a serious sanction-and here, Samsung's continuing and escalating misconduct merits a severe penalty that will establish that Samsung is not above the law.


While it is unlikely the request will be granted, Apple is still looking for the Judge to instruct to Samsung that they have engaged in "serious misconduct"

via MacObserver

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Copperhead - August 3, 2012 at 12:57pm
Just so everyone is very clear. We the public already know that Apple stole ideas from SONY. And Apple trying to make people think that they discovered something new. We are not stupid Apple, remember that. We the publi8c know exactly what went on. Sooner or later, you will also start going to court, to prevent people from making any phone that will have screens on them with any kind of icons, and scream like babies saying its all your patents and no one can make phones with touch screens any longer. And this is the problem with this entire world, and the reason we all fail as human beings. We all worry so much about capitalism profits and greed, that we dont try to better the human race itself. Again, to Apple. We all know you copied from SONY, so just stop the court crying and be glad people are buying your product and using them. And stop trying to rule the world.
ratGT - August 3, 2012 at 6:19pm
@Copperhead ---- Right, enough of your random babbling kiddo! Now grab your shovel and your bucket and off to the sandbox with the rest of the kids!...
Jack97477 - August 3, 2012 at 3:39am
I do believe that your post shows who is a snake. Funny how some can not get their point across with out the foul language. Must not have been given that training by parents. Good luck in your endeavors.
Focus - August 17, 2012 at 1:53am
Hot damn, lokoing pretty useful buddy.
Someone - August 3, 2012 at 3:29am
Go eat some rice
ratGT - August 3, 2012 at 6:28pm
@shojus ---- Man, your IQ falls well behind of a monkey that is trying to peel a rock! Better lay off that "I know stuff" life goal of yours, 'cause all you're doing is killing those few remaining brain cells of yours!...
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