We reported the other day that Judge Lucy Koh was a little upset that Samsung released exhibits to the media. This was done after Judge Koh ruled that they could not be used as evidence in the trial that started this week.
Yesterday, Samsung attorney John Quinn released a declaration statement as ordered by Koh. The declaration stated that Quinn did approve the release after numerous requests from the media. He also said that all documents were previously in the public record and it wasn’t intended to influence jurors,
Apple still wasn’t pleased and filed an emergency motion seeking “sanctions and other relief that may be appropriate” against Samsung for the release of said exhibits. Apple said, “This deliberate attempt to influence the trial with inadmissible evidence is both improper and unethical.” Furthermore, Apple counsel William F. Lee questioned whether requests from the media even took place. He says that press reports are saying that it was an unsolicited release and even if they were requesting it, Samsung should never have released it.
Apple could ask for a mistrial, but they won’t. “A mistrial would play directly into Samsung’s strategy of delay, and only reward Samsung’s misconduct,” they said in the filing.
It should also be noted that Samsung has been sanctioned four times in this case for discovery abuses like destroying evidence. “Litigation misconduct is apparently a part of Samsung’s litigation strategy–and limited sanctions have not deterred Samsung from such misconduct,” Lee added.
Wow this trial is getting quite entertaining. They could make a reality show out of this!!