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Apple and Samsung clash over excluded evidence

Apple seeks sanctions and Samsung lawyer fires back
Thu Aug 02 2012, 18:19
Samsung Galaxy Nexus vs iPhone 4S

APPLE HAS ASKED a US court to impose immediate emergency sanctions against Samsung in response to its release of evidence excluded from the companies' trial.

Apple on Wednesday issued a filing asking the court to impose sanctions against the South Korean firm after attorneys released a series of documents to the press which had previously been barred from the court by Judge Lucy Koh.

In its filing, Apple accuses Samsung of using the court of public opinion to circumvent the trial and influence the jury through media reports.

"This deliberate attempt to influence the trial with inadmissible evidence is both improper and unethical," Apple lawyers said in the filing.

"Accordingly, we write to inform the Court that Apple will be filing today an emergency motion for sanctions and other relief that may be appropriate."

Apple's filing comes one day after Samsung provided a number of news outlets with documents which appear to undermine Apple's copyright claims related to its IOS mobile operating system and alleged infringement by Samsung.

Judge Koh had previously barred the documents from the trial, declaring that Samsung had presented the evidence too late in the process.

John Quinn of Quinn Emanuel, attorneys for Samsung, responded to Apple's allegations with a lengthy declaration and seven documents attached as exhibits.

The filings are the latest turn in what has already been a contentious battle between Apple and Samsung.

Apple has already asked that the court block the import and sale of Samsung devices, including the Galaxy Nexus. Samsung has since won an appeal which would delay any possible block until at least 20 August. µ


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