Samsung v Apple gets contempt of court-y

The Korean tech giant released prohibited evidence to the press, angering the presiding judge

Apple versus Samsung got off to a turbulent start yesterday, with the presiding judge, Lucy Koh, berating the Korean tech giant for what looks very much like attempted contempt of court.

Apple's lawsuit, which is over allegations that Samsung deliberately copied Apple's patented designs for the iPhone for its own smartphone products, is matched by a countersuit from Samsung, alledging that Apple is in breach of its own patents relating to mobile phone technology. Apple is attempting to portraty its opponent as an admitted copycat which only resorted to patent suits when it couldn't defend its designs on their own merits, while Samsung is trying to argue that Apple is the real copycat.

Some of the evidence presented yesterday is more compelling than others. Apple pointed to internal Samsung documents describing the iPhone as "easy to copy", while Samsung argues that much of what Apple claims is "magical" design was in fact industry standard long before the iPhone.

However, Samsung was angered by the judge's decision not to let them submit some evidence to the jury which they deemed crucial. Two arguments, that Apple itself may have ripped off Sony, and that Samsung had an iPhone lookalike in development before the phone's release, were prevented from being presented in court due to late submissions.

Both these arguments have been in the public domain for several days now, and the Sony claim isn't as strong as Samsung may hope. The company pointed out that Apple itself sent round an internal brief to design a "Sony-like" phone, which would eventually become the iPhone. The problem Samsung has it that this is the Sony phone (pic) they alledge Apple ripped off, and it is a far cry from the outcome of that prototyping session, the "Jony" phone (pic), named after Apple designer Jony Ive. Meanwhile, the difference between Samsung's Vibrant (pic) and an iPhone is less obvious.

But the latter defence is one that the company may regret not getting in. The Verge has a picture of the slide Samsung were hoping to show the jury, which shows five different internal prototypes of touchscreen, one-button phones in development before the iPhone's announcement in January 2007.

Unfortunately, while the decision by the judge not to allow that to be shown in court may have damaged Samsung's chances, the company itself may have done far worse. Immediately following Judge Koh's final rejection, Samsung "emailed its rejected slides regarding F700 development and the 'Sony-style' prototype to the press with a statement saying 'The excluded evidence would have established beyond doubt that Samsung did not copy the iPhone design,'" according to the Verge's Nilay Patel.

Worse still, the statement argues that "fundamental fairness requires that the jury decide the case based on all the evidence". One person's plaintive cry of unfairness sounds a lot like another's nudge-and-wink suggestion that the jury ought to see evidence banned from court anyway. Judge Koh was "livid" when she found out, and demanded to know who authorised the release. This is a move that could come back to haunt Samsung.

Spot the difference... A Samsung and an Apple phone.

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

Photo: Getty
Show Hide image

Who will win the Copeland by-election?

Labour face a tricky task in holding onto the seat. 

What’s the Copeland by-election about? That’s the question that will decide who wins it.

The Conservatives want it to be about the nuclear industry, which is the seat’s biggest employer, and Jeremy Corbyn’s long history of opposition to nuclear power.

Labour want it to be about the difficulties of the NHS in Cumbria in general and the future of West Cumberland Hospital in particular.

Who’s winning? Neither party is confident of victory but both sides think it will be close. That Theresa May has visited is a sign of the confidence in Conservative headquarters that, win or lose, Labour will not increase its majority from the six-point lead it held over the Conservatives in May 2015. (It’s always more instructive to talk about vote share rather than raw numbers, in by-elections in particular.)

But her visit may have been counterproductive. Yes, she is the most popular politician in Britain according to all the polls, but in visiting she has added fuel to the fire of Labour’s message that the Conservatives are keeping an anxious eye on the outcome.

Labour strategists feared that “the oxygen” would come out of the campaign if May used her visit to offer a guarantee about West Cumberland Hospital. Instead, she refused to answer, merely hyping up the issue further.

The party is nervous that opposition to Corbyn is going to supress turnout among their voters, but on the Conservative side, there is considerable irritation that May’s visit has made their task harder, too.

Voters know the difference between a by-election and a general election and my hunch is that people will get they can have a free hit on the health question without risking the future of the nuclear factory. That Corbyn has U-Turned on nuclear power only helps.

I said last week that if I knew what the local paper would look like between now and then I would be able to call the outcome. Today the West Cumbria News & Star leads with Downing Street’s refusal to answer questions about West Cumberland Hospital. All the signs favour Labour. 

Stephen Bush is special correspondent at the New Statesman. His daily briefing, Morning Call, provides a quick and essential guide to British politics.