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Apple seeks quick judgement in Samsung trial

03 Aug 12

Apple has requested the judge to issue a summary judgement in its favour as the smartphone patent case took another twist in California.

Following a turbulent first few days in federal court, which has seen Samsung face four sanctions as well as providing press with evidence details, the iPhone makers appealed for a quick victory.

Samsung lawyer John Quinn defended the decision to supply the media with evidence that was thrown out by of court, stating it is within its rights to discuss a public trial with the public.

Judge Lucky Koh dismissed two pieces of evidence from the South Korean company referring to Sony designs and their own independent creations.

Yet as Samsung continue to question their relevance in the case, Apple issued the following statement through their attorney Mark Selwyn:

"The proper remedy for Samsung’s misconduct is judgment that Apple’s asserted phone design patents are valid and infringed.

"Through its extraordinary actions yesterday, Samsung sought to sway the jury on the design patent issues, and the proper remedy is to enter judgment against Samsung on those same patents.

"It would be, to be sure, a significant sanction. But serious misconduct can only be cured through a serious sanction — and here, Samsung’s continuing and escalating misconduct merits a severe penalty that will establish that Samsung is not above the law.”

While Judge Koh has yet to respond to the request, Samsung’s lawyers persisted in questioning the fairness of the trial and even hinting towards the impartiality of the judge, releasing the following:

"Fundamental fairness requires that the jury decide the case based on all the evidence.”

To follow all the latest developments in the Apple v Samsung patent trial please visit Techday

What do you think? Are Samsung right to question the fairness of the trial? Let us know your comments below.

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