Apple: Misconduct part of Samsung's legal strategy

In a court filing, Apple says the best sanction for Samsung's "misconduct" is to validate Apple's patents, or at least exclude evidence related to the "Sony design exercise."

Roger Cheng Former Executive Editor / Head of News
Roger Cheng (he/him/his) was the executive editor in charge of CNET News, managing everything from daily breaking news to in-depth investigative packages. Prior to this, he was on the telecommunications beat and wrote for Dow Jones Newswires and The Wall Street Journal for nearly a decade and got his start writing and laying out pages at a local paper in Southern California. He's a devoted Trojan alum and thinks sleep is the perfect -- if unattainable -- hobby for a parent.
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Roger Cheng
2 min read
Apple railed against Samsung's conduct in a court filing response seeking sanctions against Samsung for releasing excluded evidence to reporters as the legal drama between the two technology giants continues to unfold.

"Litigation misconduct is apparently a part of Samsung's litigation strategy -- and limited sanctions have not deterred Samsung from such conduct," Apple said in its filing to Judge Lucy Koh and the U.S. District Court in San Jose.

Apple, curiously, isn't seeking a mistrial, which it argues would benefit Samsung, or even a fee. Instead, it asked that the court grant Apple a favorable judgement on its claim that Samsung is illegally using its design patents. It also requested that the court make the jurors aware of Samsung's actions, and to exclude evidence related to the "Sony design exercise."

Samsung didn't take the accusations standing down.

"Apple's filing is baseless and we will be filing a response," said a Samsung representative.

The trial between Apple and Samsung is closely watched because of the potential ramifications of the case. On a broader level, the suit represents a battle between Apple and the entire Google ecosystem, and could represent a significant turning point.

Apple had said yesterday that it was outraged when Samsung released slides of Samsung phone designs, as well as an excerpt from the deposition of former Apple designer Shin Nishibori. The company vowed to seek an "emergency motion for sanctions" and other relief.

In addition to the favorable judgement, Apple wants Samsung's lead attorney, John B. Quinn of Samsung's law firm Quinn Emanuel Urquhart & Sullivan, to identified who drafted and released the press statement.

Apple argued that the move was the latest misconduct for the Korean technology conglomerate, and listed its past actions. Samsung previously failed to comply with two discovery orders on its analysis of Apple products. Samsung also failed to produce financial information relevant to establishing Apple's damages. It has later failed to comply with an order to produce the production of source code for accused Samsung products. Lastly, the Samsung had destroyed evidence deemed favorable to Apple. Apple noted Samsung was sanctioned each time.

The squabble is the latest between the two companies during the case. The two sides spent a considerable portion of the first two days of court vying for various parts of evidence to be included, or excluded from opening statements as well as testimony. The case picks back up on Friday with a continuation of the testimony of Apple SVP Phil Schiller.

Updated at 8:44 a.m. PT: to include a response from Samsung and further details from the filing.

The copy of the letter is below:

Apple Samsung Sanctions