Apple seeks 'emergency' sanctions against Samsung
explanation for why it published excluded
evidence outside of court yesterday.
In a letter to U.S. district court judge Lucy
Koh this afternoon, Apple's counsel
William Lee said the company found
Samsung's letter to the court -- which was
filed by John B. Quinn of Samsung's law
firm Quinn Emanuel Urquhart & Sullivan
earlier today -- to be unsatisfactory.
"Mr. Quinn's declaration does not adress
two of the Court's questions: who drafted
the statement and who released it," Lee
wrote. "Samsung's multiple references to
the jury in its statement make plain its
intent that the jurors in our case learn of
arguments the Court has excluded through
the press."
As a result Lee says Apple will file an
"emergency motion for sanctions" as well
as "other relief that may be appropriate."
In other words, Apple wants Samsung to
get in trouble for what it thinks is not
playing by the rules in court. What exactly
that penalty will be will be laid out in
Apple's subsequent filing.
The evidence in question were slides of
Samsung phone designs, as well as an
excerpt from the deposition of former
Apple designer Shin Nishibori. In its
statement yesterday sent to CNET and
other news outlets, Samsung said the
"excluded evidence would have
established beyond doubt that Samsung
did not copy the iPhone design."
The squabble is the latest between the two
companies during the case. The two sides
spent a considerable portion of the first
two days of court vying for various parts of
evidence to be included, or excluded from
opening statements as well as testimony.
The case picks back up on Friday with a
continuation of the testimony of Apple SVP
Phil Schiller.
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