Over the objections of Apple lawyers, Judge Lucy Koh granted Samsung the right to present pictures of a tablet newspaper concept from 1994 as evidence of prior art. Samsung wanted to present them in their attempt to refute the originality of Apple’s iPad design patents.
Samsung sought to present photos and a video deposition of an electronic newspaper concept developed by Roger Fidler at Knight Ridder, evidence that the U.S. Court of Appeals for the Federal Circuit in Washington had earlier determined to be significantly different from Apple’s patented iPad design.
The concept was only similar to the iPad in that it had a rectangular shape, and a flat back, the court ruled. Apple wanted to try and use that ruling as leverage to block its presentation in the Samsung trial.
“It’s strange to me that we’re just hearing this now,” Koh said in overruling the objection. “If you thought the law was so clear cut, I would’ve appreciated that this was brought up sooner.” She told Apple it could bring up its issues with the evidence in cross examination in front of the jury.
In Samsung’s video deposition of Fidler, he said he ultimately wanted to create a stylus free touchscreen, but his employer at the time, Knight-Ridder, was not interested in creating such a device.
Apple had challenged Samsung to produce an actual prototype of the device, but apparently it does not exist, as the technology to build such a device did not exist in 1994.