Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
1539
RESPONSE to re 1533 Declaration in Opposition, Apple Inc.'s Response to Declaration of John B. Quinn and Recommendation Regarding Appropriate Sanction by Apple Inc.. (Attachments: # 1 Declaration of Peter J. Kolovos, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Selwyn, Mark) (Filed on 8/2/2012)
Exhibit A
Samsung, After 'Begging' to Get Sony Into Apple Patent Trial, Flouts Judge And Releases 'Excluded Evidence' Anyway (Updated) - Forbes
8/1/12 5:15 PM
Connie Guglielmo, Forbes Staff
I cover the people and technology driving Silicon Valley
T E C H | 7/31/2012 @ 9:19PM | 9,652 views
Samsung, After 'Begging' to Get
Sony Into Apple Patent Trial,
Flouts Judge And Releases
'Excluded Evidence' Anyway
(Updated)
Updates to add comments from Samsung’s lawyer John Quinn filed to the
court on Aug. 1 saying “excluded evidence” had been previously made public
and that the company didn’t violate any legal or ethical standards.
Oh yes they did.
After ‘begging’ the court to allow evidence it said would show that Apple’s
iPhone was inspired by designs from Sony, Samsung Electronics, rebuffed by
the judge in its high-profile patent dispute with Apple, decided to make the
exhibits public anyway today.
Apple’s lawyer Harold McElhinny called the move the most blatant example
of contempt of court it had ever seen and an intentional effort to “pollute the
jury.” U.S. District Court Judge Lucy Koh told Samsung she wanted answers
about who drafted the statement sent to reporters with the documents, which
members of Samsung’s legal team authorized the distribution of the exhibits
and what role Samsung lawyer John Quinn of Quinn Emanuel Urquhart &
Sullivan played.
As for Samsung, it had its PR agency send two PowerPoint presentations,
containing a total of nine pages, to reporters with this statement about what it
called the “excluded evidence.”
http://www.forbes.com/sites/connieguglielmo/2012/07/31/samsung-after…tent-trial-flouts-judge-and-releases-excluded-evidence-anyway/print/
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Samsung, After 'Begging' to Get Sony Into Apple Patent Trial, Flouts Judge And Releases 'Excluded Evidence' Anyway (Updated) - Forbes
“
8/1/12 5:15 PM
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.
The files contains a snippet of a deposition by former Apple industrial
designer Shin Nishibori who said that Apple’s design chief Jonathan Ive told
him to create a phone inspired by Sony’s designs. “If Sony were to make an
iPhone, what would it be like?” Nishibori then goes on to comment on some
designs for an Apple phone that he says were created “based on my own
thoughts or my understanding of Sony-like designs.”
Quinn, in a declaration to the court on Aug. 1, said the company didn’t release
a “general press release” and that there was no court order preventing the
company from sending reporters information about exhibits that he noted
had already been made public in court documents prior to this week’s trial.
Therefore, Samsung’s distribution of the documents didn’t violate any “legal
or ethical standards,” he said.
“Samsung’s brief statement and transmission of public materials in response
to press inquiries was not motivated by or designed to influence jurors,”
Quinn said in a five-page declaration. “All of the material in the excluded trial
demonstrative exhibits at issue was previously in the public record. The
substance of these trial demonstrative exhibits was included in Samsung‟s
trial brief, in other public filings (including filings by Apple) and reports, and
were specifically addressed in open court with the media in attendance.”
He also took the time to jab at Apple — and at the media for supposedly
buying into Apple’s argument that Samsung had copied the designs of its
iPhone and iPad in their early coverage of the dispute. “The media has been
reporting in salacious detail Apple’s allegations of Samsung’s supposed
‘copying,’ causing injury to Samsung‟s public reputation as a company.
Moreover, Apple‟s baseless and public assertions that Samsung’s
transmission to the media of public information constituted contempt of
court and that these actions were intended to pollute the jury were themselves
glaring falsehoods, highlighting why Samsung has every right to defend itself
in the public domain from unfair and malicious attacks.”
Apple and Samsung each delivered 90-minute opening statements on July 31.
Apple, which sued Samsung in April 2011, says the company stole its designs
for the iPhone and iPad and is asking for $2.5 billion in damages. Samsung
says it, like many other tech companies, were “inspired” by Apple’s products
and that it did not copy the designs. Samsung is seeking 2.4 percent of every
Apple iPhone and iPad sold, Apple said in its opening statement.
Samsung’s press move came just hours after Koh rejected repeated requests
by Quinn to make the information part of the four-week trial, which got
underway today (jury selection was July 30).
http://www.forbes.com/sites/connieguglielmo/2012/07/31/samsung-after…tent-trial-flouts-judge-and-releases-excluded-evidence-anyway/print/
Page 2 of 3
Samsung, After 'Begging' to Get Sony Into Apple Patent Trial, Flouts Judge And Releases 'Excluded Evidence' Anyway (Updated) - Forbes
8/1/12 5:15 PM
Quinn kicked off the day with an impassioned plea to allow the evidence,
saying he had never begged a court for anything throughout a more than 30year legal career but was begging now. Koh was unmoved, saying the court
had reviewed the issue at least three times and denied Samsung’s request.
That prompted an unexpected outburst from Quinn of Quinn Emanuel
Urquhart & Sullivan. “What’s the point of having a trial?…They want to create
a completely false impression that we came up with this design after January
2007.”
Quinn kept at it, prompting a visibly annoyed Koh to issue a warning. “Don’t
make me sanction you,” she said. “I want you to sit down please.”
The trial resumes in federal court in San Jose, California, on Aug. 3. The case
is Apple Inc. v. Samsung Electronics Co. Ltd., 11- cv-01846, U.S. District
Court, Northern District of California (San Jose).
This article is available online at:
http://www.forbes.com/sites/connieguglielmo/2012/07/31/samsung-after-begging-to-getsony-into-apple-patent-trial-flouts-judge-and-releases-excluded-evidence-anyway/
http://www.forbes.com/sites/connieguglielmo/2012/07/31/samsung-after…tent-trial-flouts-judge-and-releases-excluded-evidence-anyway/print/
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