With an entry into the category of ‘are you kidding me?’ moves, Samsung has released two batches of evidence and an official statement to the media that were intentionally excluded from the trial currently underway in San Jose, California by the presiding judge, Lucy Koh.
I may not be a legal expert, but I am willing to bet that most judges aren’t generally too thrilled with people going behind their backs and going against their specific judgements.
The now-public statement, as released by Samsung reads:
The Judge’s exclusion of evidence on independent creation meant that even though Apple was allowed to inaccurately argue to the jury that the F700 was an iPhone copy, Samsung was not allowed to tell the jury the full story and show the pre-iPhone design for that and other phones that were in development at Samsung in 2006, before the iPhone. The excluded evidence would have established beyond doubt that Samsung did not copy the iPhone design. Fundamental fairness requires that the jury decide the case based on all the evidence.
Following the release, Apple made an official statement that indicated they took great offense to Samsung’s disregard for the rules of court. Judge Koh also issued a statement of her own, indicating that somebody should “Tell [the lawyer for Samsung, John Quinn] I’d like to see him today. I want to know who drafted the press release, who authorized it from the legal team.”
I don’t think we’ve heard the last of this. Give the public cannot un-hear things they have already heard, it may be seen as a rather unfair and unreasonable advantage Apple in this case. Regardless of how it affects this case directly, it certainly goes a long way toward showing us what kind of a company Samsung is.