Apple has made a request to the court in California to sanction Samsung in their patent infringement battle by granting judgement in favor of Apple, after Samsung released documents to the press that included exhibits that were not allowed as evidence in the lawsuit.
The exhibits that Samsung distributed include images meant to establish that Samsung developed a phone with several elements of the iPhone’s design ahead of the introduction of the iPhone in January, 2007. Also included were documents that sought to prove that Apple allegedly used a prototype inspired by Sony designs to arrive at the design of the iPhone.
In their filing, Apple said the court should sanction Samsung by granting judgement in Apple’s favor. Apple claims that Samsung has infringed Apple’s phone design patents.
Apple said that at a minimum the court should instruct the jury that Samsung engaged in serious misconduct, and as a reult, the court has found that Samsung copied the asserted designs and features from Apple’s products. Apple also wants the court to prevent Samsung from mentioning or submitting evidence regarding the “Sony design exercise.”
Apple counsel William F. Lee alleged that Samsung was attempting to influence the jury, by exposing it to excluded evidence through the press.
Samsung attorney John Quinn filed a declaration on Wednesday saying that he had approved the release of a brief statement and the disallowed trial exhibits after request from several members of the press. Quinn stated that the documents had previously been in the public record. He said the move was not intended to influence jurors.
Apple will not request a mistrial. “A mistrial would play directly into Samsung’s strategy of delay, and only reward Samsung’s misconduct,” it said in the filing.
