Apple seems to have plans of filing emergency motion for sanctions and similar sorts due to Samsung’s issuance of excluded facts to media outlets. This became evident from a letter from the company to Judge Lucy Koh on Wednesday.
Judge Lucy Koh is the one who is presiding over Apple v. Samsung lawsuit in California. The motion for sanctions is scheduled to be filed ahead of possible discussions over the issue that is to be followed on Thursday. The letter is believed to have been issued by William Lee, Apple’s attorney and a partner in Intellectual Property Departments and Litigation at WilmerHale law firm.
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On Tuesday, Samsung had released an email with presentation slides and text of evidence from Shin Nishibori, a former designer in Apple. This was related to an iPhone that is apparently ‘Sony styled’. This exhibit could not be used at the trial as per Judge Koh. The Korean Company had also issued a declaration stating that the excluded proof could have testified that Samsung had not copied design of an iPhone.
When Judge Koh received the notification from Apple, the jurist told off the legal counsel of Samsung and ordered a brief on authorization of email. John Quinn at Quinn Emanuel Urquhart & Sullivan LLP had filed his statement declaring that he was the one who had authorized the distribution and argued that the act was legal and ethical as per the standards provided by the court.
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The whole statement made by Samsung was reprinted in Apple’s letter along with examples that contained leaked proofs. Apple placed arguments over the statement’s repeated reference to the jury can be believed as a deliberate attempt to fabricate the trial. Quinn, however, had an entirely opposite take on this.
The Apple v Samsung case is scheduled to reconvene on Friday.