apple v. samsung

Apple is not happy with Samsung's explanation for why it published excluded evidence outside of court yesterday.

In a letter to U.S. district court judge Lucy Koh this afternoon, Apple's counsel William Lee said the company found Samsung's letter to the court -- which was filed by John B. Quinn of Samsung's law firm Quinn Emanuel Urquhart & Sullivan earlier today -- to be unsatisfactory.

"Mr. Quinn's declaration does not adress two of the Court's questions: who drafted the statement and who released it," Lee wrote. "Samsung's multiple references … Read more

In a court filing this morning, Samsung explained why it was not at fault for offering excluded trial evidence to the press, saying that information was in the public domain because it had already been published.

"Contrary to the representations Apple's counsel made to this Court, Samsung did not issue a general press release and more importantly, did not violate any Court Order or any legal or ethical standards," John B. Quinn, of Samsung's law firm Quinn Emanuel Urquhart & Sullivan, LLP said in a filing this morning.

"These false representations by Apple's counsel … Read more

Apple wants the jury hearing the patent case involving Samsung to learn that two federal courts have found Samsung has a history of destroying evidence.

Apple said in court documents filed yesterday that not only did Samsung continue deleting e-mails involving this case even though it was required to preserve the data, but also, in 2004, a district court in New Jersey "issued adverse inference instructions against Samsung because it never flipped the 'off switch' on its...automatic computer e-mail policy [that] allowed e-mails to be deleted."

Opening arguments in the long-awaited trial between Samsung and Apple got … Read more

Consumers eyeing Samsung's Galaxy Nexus will continue to find the phone available for sale.

Samsung scored a minor victory this week by continuing to escape a ban on the popular smartphone, at least for the time being. On Monday, the United States Court of Appeals for the Federal Circuit ruled in favor of Samsung by extending the suspension of the preliminary injunction on the Nexus.

To recount the play-by-play action, U.S. District Judge Lucy Koh had given the nod to Apple in June by granting its request for the temporary ban on the Nexus based on claims that … Read more

The lawsuit between two of the world's biggest phone makers continues, with Samsung pushing excluded evidence outside of the courtroom and into the public -- and getting a wrist-slap for it.

Following the testimony of Apple Senior VP Phil Schiller, Apple's counsel pointed out to Judge Lucy Koh that Samsung had leaked excluded evidence and a statement to the media.

Koh, audibly irritated, told Samsung to file a brief explaining who drafted the statement, as well as who from Samsung's legal team authorized it.

In an e-mail sent earlier today, Samsung said it would have presented evidence … Read more

SAN JOSE, Calif. -- Testimony from Apple's senior vice president of worldwide marketing, Phil Schiller, was cut short today, but not before the executive made claims that the company did not rely on market research.

"We don't use any customer surveys, focus groups, or typical things of that nature," Schiller said. "That plays no role in the creation of the products."

The claims come on the heels of court filings unearthed earlier this month that show Apple's internal market research from May of last year. That study focused on iPhone owners, asking them … Read more

SAN JOSE, Calif. -- A single button on one of Apple's phones or tablets might have gone through 50 or more iterations before ending up in the final design, one of the company's lead designers said today.

The first expert witness in the jury trial between Apple and Samsung here was Christopher Stringer, who has been an industrial designer at Apple since 1995 and helped design the iPhone along with other Apple products.

In his testimony, Stringer -- who donned an all-white suit to court -- said that the design process for any product typically began with lots … Read more

SAN JOSE, Calif. -- Samsung argued in court today that any similarities between its products and Apple's are just the result of doing business in the electronics industry.

"We're not standing here telling you ladies and gentleman of the jury that the iPhone wasn't commercially successful. It was an inspiring product to everyone, including the competition," Samsung's lawyer Charlie Verhoeven said. "But being inspired by a product and seeking to make better products is competition."

"It's not copying," he said.

Samsung's legal team proceeded to go into detail … Read more

SAN JOSE, Calif. -- Apple began day two of the trial between it and Samsung with opening statements depicting it as an underdog that came into the phone industry and changed the game.

Harold McElhinny, a partner at Morrison Foerster representing Apple, kicked off the case by saying the company had bet the farm on the iPhone in 2007, and competitors (though particularly Samsung) proceeded to copy it, leading to big profits and lost sales on Apple's part.

"Apple had absolutely no name in the field, no credibility. (The iPhone) was an entry that had it gone bad, … Read more