Apple Inc. v. Samsung Electronics Co. Ltd. et al

Filing 736

Administrative Motion to File Under Seal filed by Apple Inc.. (Attachments: #1 Proposed Order granting administrative to file under seal, #2 [Public] APPLE INC.S MOTION TO COMPEL DEPOSITIONS OF 14 OF SAMSUNGS PURPORTED APEX WITNESSES, #3 Declaration [Public] Mazza Declaration in Support of APPLE INC.S MOTION TO COMPEL DEPOSITIONS OF 14 OF SAMSUNGS PURPORTED APEX WITNESSES, #4 Exhibit 15, #5 Exhibit 16, #6 Proposed Order granting motion to compel)(Jacobs, Michael) (Filed on 2/16/2012)

Samsung Decides Galaxy Nexus Was Not Actually Designed To Avoid Apple Patents, "Doesn't Know" How That Rumor Got Started, Nothing To See Here

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Samsung Decides Galaxy
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Posted by David Ruddock in Android OS, Galaxy Nexus / Nexus Prime,
Legal, News, Samsung

Uh-oh. Sounds like Samsung's lawyers heard about Samsung Mobile President Shin Jong-kyun's
little statement that the Galaxy Nexus was designed such that no "known" Apple patents were
used or infringed on by the phone. This was probably, to be frank, a very stupid thing to say.
Aside from basically challenging Apple to take a closer look at the Galaxy Nexus, there's also the
fact that, if Jong-kyun's statement was actually correct and Samsung did design the Galaxy Nexus
to avoid Apple patents, that Apple's lawyers would love to quote it at various patent infringement
trials around the world. 
This could be introduced to a jury as evidence that Samsung had reason to believe, at the point
the Galaxy Nexus was designed, that their other products could be infringing on Apple patents. The
admissibility of this statement in a U.S. court may be possible, even though it is highly prejudicial
to Samsung, as the doctrine against the admissibility of subsequent remedial measures does not
apply to willful patent infringement. If it is admitted, this (along with other evidence - it wouldn't
be enough alone) could lead a jury to find that Samsung released phones in the U.S. knowing they
were potentially infringing on Apple patents, which would allow Apple, if the jury finds patents to
http://www.androidpolice.com/2011/10/20/samsung-decides-galaxy-nexus-was-not-actually-designed-to-avoid-apple-patents-doesnt-know-how-that-rumor-got-started-nothing-to-see-here/[2/15/2012 5:09:58 PM]

Samsung Decides Galaxy Nexus Was Not Actually Designed To Avoid Apple Patents, "Doesn't Know" How That Rumor Got Started, Nothing To See Here

have been infringed, to recover treble (triple) damages.
It's rare that you get such a public, verifiable, and concrete statement from such a high-ranking
corporate officer about a product's IP strength. It's also likely that Samsung doesn't want to
mislead shareholders (which happens to be a crime in most countries) by representing that the
Galaxy Nexus is Apple-lawsuit-proof when that may not be the case.
One of Samsung Mobile's executives, Won-Pyo Hong, cleared up the situation for Samsung at
AsiaD, saying that patents were not a big part of Samsung's discussion when they designed the
Galaxy Nexus. Hong claims "At the time this [patent infringement] was not a really heavy issue."
He also said, probably without skipping a beat, "“I don’t know where that rumor is from." Well,
we're pretty sure it was your boss. 
Actually, it was a quote from Korean news outlet Yonhap, who claim Jong-kyun said that the
Galaxy Nexus was designed to bypass legal attacks from Apple. Though, it's quite possible they
took Jong-kyun's statement that "We will see if (the Galaxy Nexus) will be 100 percent free [of
Apple lawsuits]" as an implication that the phone was designed to avoid patent litigation, which
pretty obviously implies that Apple patents were a concern in the phone's design. Of course, this
could also just be a "misunderstanding" or a Korean-to-English translation quirk. Yep, totally.

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http://www.androidpolice.com/2011/10/20/samsung-decides-galaxy-nexus-was-not-actually-designed-to-avoid-apple-patents-doesnt-know-how-that-rumor-got-started-nothing-to-see-here/[2/15/2012 5:09:58 PM]

Samsung Decides Galaxy Nexus Was Not Actually Designed To Avoid Apple Patents, "Doesn't Know" How That Rumor Got Started, Nothing To See Here

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Martin

Virgin Mobile

October 20, 2011 at 8:46 am

Vodafone
It wouldn't matter whether it was designed with patents in mind or not. With
the current state of software patenting it would have infringed of something
nonetheless, just like most other products do.

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L boogie

October 20, 2011 at 9:24 am

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It's amazing how the patent wars are truly out of hand when that type of
statement could be used by the likes of "great artists steal" group to truly
damage Samsung but at the same time, they're also both strange business
bedfellows with each other, go figure.

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Ryan S

October 20, 2011 at 9:47 am

This is stupid. The guy said when asked about the patents "We designed it so
that no known patents were infringed."

Garmin
Google
HP
HTC
Huawei

This is NOT an admission of guilt that they intended to infringe on known
patents on other devices. If you asked him then, "Does this mean the GS2
was designed to be a rip off of Apple?" I would bet he would have said the
same exact thing.

ICD

Its more just an instance of the press jumping on something and taking it out
of context to make a story.

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Troy

October 20, 2011 at 10:27 am

Meizu
Motorola

Agreed. The statement is far from concrete or an admission of guilt
regarding previous products. The idea that it would be admissible in court

MSI
NEC

http://www.androidpolice.com/2011/10/20/samsung-decides-galaxy-nexus-was-not-actually-designed-to-avoid-apple-patents-doesnt-know-how-that-rumor-got-started-nothing-to-see-here/[2/15/2012 5:09:58 PM]

Samsung Decides Galaxy Nexus Was Not Actually Designed To Avoid Apple Patents, "Doesn't Know" How That Rumor Got Started, Nothing To See Here

against Samsung and lead a jury to rule against them is ludicrous. This is
a prime example of media-hype going way around the bend.

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L boogie

RocketFish

October 20, 2011 at 10:44 am

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Ludicrous agreed but it's not beyond Apple's legal tactics given some of
their actions like the Netherlands/ Dutch cases.

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Troy

Vizio

October 21, 2011 at 7:24 am

Xiaomi / MIUI
I wouldn't put anything past Apple's legal tactics. We've already
seen how they doctored evidence in the German courts. They will
probably stitch together audio of Shin Jong-kyun admitting to
violating Apple's patents. They might even throw in an admission of
murder for good measure.

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