Evidence in Apple v. Samsung tossed for breaking the rules

A California judge says some paperwork filed by Apple and Samsung following the trial was too long, and will be thrown out as evidence.

Apple vs. Samsung

U.S. District Court Judge Lucy Koh is not big on rule breakers, and today slapped both Apple and Samsung over filing paperwork that did not follow her guidelines.

In an order this morning, Koh said that some or all of 10 pieces of evidence pertaining to Apple's bid for a sales ban against a number of Samsung devices would be stricken as evidence for excessive length, something that's been an issue during the spat between the two tech giants.

During the trial last August, Koh complained that both companies were filing too much paperwork, leaving her and her staff completely overwhelmed by what she referred to as Apple and Samsung's "legion of lawyers."

In today's order, Koh said that these limits were ignored in 10 such documents, including declarations from Apple marketing chief Phil Schiller, and Apple's damages calculator Terry Musika. The order removes four entire documents, and large sections of the other six.

The paperwork in question pertained to Apple's bid for a sales ban on a number of Samsung devices. Koh denied that bid last month , saying that any infringing features were just part of a larger feature set, thus making a sales ban too broad.

What remains is a judgement on damages: the amount Samsung needs to pay Apple, something that's hotly contested by both sides. Apple wants to tack more than $500 million onto the $1.05 billion judgment, while Samsung wants to shave off $600 million. Today's decision follows one from Koh earlier this week that says Samsung must file an unsealed exhibit with the total units sold on some of its products to aid in those determinations.

About the author

Josh Lowensohn joined CNET in 2006 and now covers Apple. Before that, Josh wrote about everything from new Web start-ups, to remote-controlled robots that watch your house. Prior to joining CNET, Josh covered breaking video game news, as well as reviewing game software. His current console favorite is the Xbox 360.


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