Apple took two hits today in a California courtroom, as the Judge overseeing their legal battle with Samsung said she would not be sanctioning Samsung for their release of excluded evidence to the press, and also said that Apple can’t keep secret a customer marketing survey.
The judge overseeing Apple’s patent lawsuit against Samsung said Apple can’t keep secret a marketing survey it took of its customers. Apple argued that the survey’s release would aid competitors, as the data is not available elsewhere.
Apple’s lawyer told the court the the survey was plainly a trade secret, and said there was no reason for the document to come into evidence in its entirety. Judge Lucy Koh disagreed, but did allow Apple time to file an appeal.
“I’m denying your request to seal today, so take it up on appeal,” Koh said.
Koh also announced she was denying Apple’s request for sanctions against Samsung for a press release about evidence Koh had excluded from the trial.
Koh did say she was troubled by the release of the information, and the potential it had to tamper with the jury. Koh did point out however, the jury included members that had already heard about the case prior to being empaneled.
“I will not allow any theatrics or sideshow distract us from what we are here to do,” Koh said.
Koh did poll the jurors individually to make sure they had not heard anything. Most said they had not heard about the evidence, but one juror did say he had seen headlines, but that was it.
