Stanley Kubrick

At the beginning of the week, we reported Samsung leaked slides to the press that Judge Koh excluded as evidence in the Samsung-Apple trial currently underway. Judge Koh was not impressed with the move, despite much of the information in the slides being public knowledge, and today we get an update from FossPatents on Apple’s response to the situation. According to the report, Apple filed a letter with the courts today claiming fines would not be a severe enough punishment for Samsung and it requested a judgment in its favor:

“The proper remedy for Samsung’s misconduct is judgment that Apple’s asserted phone design patents are valid and infringed. Through its extraordinary actions yesterday, Samsung sought to sway the jury on the design patent issues, and the proper remedy is to enter judgment against Samsung on those same patents. It would be, to be sure, a significant sanction. But serious misconduct can only be cured through a serious sanction—and here, Samsung’s continuing and escalating misconduct merits a severe penalty that will establish that Samsung is not above the law.”

Apple also outlined an alternative set of sanctions, requesting “the Court should (i) instruct the jury that Samsung engaged in serious misconduct and that, as a result, the Court has made a finding that Samsung copied the asserted designs and features from Apple products; and (ii) preclude Samsung from further mentioning or proffering any evidence regarding the ‘Sony design exercise’ for any purpose.” FossPatents said Apple’s requests could mean big problems for Samsung moving forward:
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