The judge presiding over the patent infringement case between Apple (NASDAQ:AAPL) and Samsung has asked the Korean company for an explanation after it released court-rejected evidence to the media. After being denied the chance to argue that the design of the iPhone was inspired by Sony (NYSE:SNE), Samsung sent its entire collection of slides related to the argument to members of the media.
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It also said in an accompanying statement that the excluded evidence would have “established beyond doubt” that Samsung did not copy the iPhone’s design.
“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 statement said. “Fundamental fairness requires that the jury decide the case based on all the evidence.”
The slides include mock-ups by Apple designer Shin Nishobori who reportedly envisioned a potential Sony phone, and a Samsung “IReen” design that was created before the iPhone was released. After Judge Lucy Koh denied Samsung’s request to show the evidence to the jury, the company’s lawyer John Quinn said he was begging the court to see it, according to a report in AllThingsD.
“You’ve made your record for appeal,” Koh said. “Don’t make me sanction you, please.”
The latest maneuver has prompted Koh to ask Quinn to explain why and from whom the release originated. Apple’s lawyers called the action contemptible.
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