The proper remedy for Samsung’s misconduct is judgement that Apple’s asserted phone design patents are valid and infringed.
Trial began this week in high stakes litigation between the two companies.
Apple, which sued Samsung in April 2011, says the company stole its designs for the iPhone and iPad and is asking for $2.5 billion in damages.
US District Judge Lucy Koh on Tuesday had barred Samsung’s attorneys from presenting some evidence during opening statements.
Fundamental fairness requires that the jury decide the case based on all the evidence.
Samsung attorney John Quinn, of the law firm Quinn Emanuel Urquhart & Sullivan, acknowledged in a court filing on Wednesday that he authorized the press statement but said it was not designed to influence the jury.
“The members of the jury had already been selected at the time of the statement and the transmission of these public exhibits, and had been specifically instructed not to read any form of media relating to this case,” Quinn wrote.
Moreover, Apple‟s baseless and public assertions that Samsung’s transmission to the media of public information constituted contempt of court and that these actions were intended to pollute the jury were themselves glaring falsehoods, highlighting why Samsung has every right to defend itself in the public domain from unfair and malicious attacks.
Apple called his conduct “egregious, because it impugned the integrity of the court,” according to its legal brief on Thursday.
Samsung spokesman Adam Yates said the company will be submitting a response.
Judge Lucy Koh next provided the remaining nine jurors with additional information on the patent system and the difference between design and utility patents, and then Apple attorney Harold McElhinny kicked off Apples 90 minute opening statement.
Temeka Berry is a business journalist based in Shanghai, China. Temeka has a passion for financial markets and breaking news stories and loves writing about business news, stock market, and economic opinions that matters most to its audience. Temeka spends a lot of time discovering and researching latest financial markets and industry news stories in order to make sure the latest and greatest stories are brought to you first on BigBoardNews.com.
