A new court filing made public on Thursday has revealed Apple’s formal request of the court to have Samsung sanctioned for distributing banned trial evidence to the press.
In legalese, a court sanction is a punishment imposed by a judge — usually a fine — for being in contempt of court or filing a frivolous suit.
In the filing, Apple attorney Mark D. Selwyn wrote, “Apple requests that the Court issue sanctions granting judgment that Apple’s asserted phone design patent claims are valid and infringed by Samsung. Samsung and its counsel engaged in bad faith litigation misconduct by attempting to prejudice the jury.”
Mr. Selwyn cited the decision by Samsung’s attorney to send out evidence previously banned by Judge Lucy Koh as reason that the court should “severely sanction” Samsung.
Mr. Selwyn also wrote that this evidence leak was part of a grander legal stratagem by Samsung.
“Samsung already has been sanctioned four times in this case for discovery abuses. Most recently, Samsung was sanctioned for destroying evidence,” he wrote. “Litigation misconduct is apparently a part of Samsung’s litigation strategy — and limited sanctions have not deterred Samsung from such conduct.”
“Serious misconduct can only be cured through a serious sanction.”
Apple is not seeking a mistrial as it believes that such a delay would benefit Samsung.
“A mistrial would play directly into Samsung’s strategy of delay, and only reward Samsung’s misconduct,” the court filing reads.
Samsung’s lawyer, John. B. Quinn, defends his actions calling them “lawful” and “ethical” arguing that the material sent was already in the public domain.
Judge Koh has yet to file a response.
The trial, which began on Monday, resumes tomorrow. Hardware Canucks will have coverage of Friday’s proceedings as they unfold.
