Samsung objects to ‘gratuitous’ images of Steve Jobs in trial, prefers thermonuclear quotes instead

Élyse Betters | Jul 30 2012 - 8:00 am PT

Samsung vehemently objected to pictures of Steve Jobs in Apple’s opening slides for today’s massive trial, but U.S. District Judge Lucy Koh struck down the objections over the weekend.

The South Korea-based smartphone manufacturer claimed the “gratuitous images have no evidentiary value,” as it filed 14 objections to Apple’s opening slides.

The company further noted, as FOSS Patents reported, if Apple is given permission to use these slides, Samsung will “request that the Court allow it to use the quotes from Mr. Jobs — which do have nonprejudicial evidentiary value — and yet were excluded by the Court’s ruling on Apple’s Motion in Limine No. 7.”

In other words, Samsung wants to use the “thermonuclear war” quotes from Walter Isaacson’s “Steve Jobs biography” if Apple can use images of the company’s late founder. The contentious quotes from the biography were previously deemed hearsay and inadmissible in this litigation.

According to FOSS Patents, Apple explained the use of the pitcures in its responsive filing:

Three of the images are “from a joint exhibit – 1091 (the MacWorld 2007 video), which Samsung itself relies on in its opening demonstratives (at Samsung slide no. 148)”, so “Samsung cannot complain about Apple’s use of the same video” that shows “the public introduction of the iPhone on January 7, 2007, which launched the fame that the iPhone trade dress has acquired”. Also, “[b]ecause they demonstrate Apple’s notice of the 200+ patents covering the iPhone — including the asserted patents, they thus are relevant to willfulness”.

Another slide refers to an exhibition relating to Steve Jobs’s patents, which was organized by the United States Patent and Trademark Office. “Among the highlighted patents at the PTO exhibit are at least two patents at issue in this litigation — the D’677 and D’889” — and Apple argues that “[t]he Patent Office exhibit demonstrates praise by others to rebut non-obviousness”.

The fifth image of Steve Jobs in the presentation is “a screenshot from the announcement of the iPad in July 2010” and, therefore, “relevant to the introduction of the iPad and its acquisition of fame and secondary meaning”, Apple says.

Judge Koh overruled Samsung’s objections on Sunday and said the images are “relevant to Apple’s iPhone design patent and trade dress claims and is not unduly prejudicial.”

Get the full report at FOSS Patents.

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