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.

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Forget gaining £350m a week, Brexit would cost the UK £300m a week

Figures from the government's own Office for Budget Responsibility reveal the negative economic impact Brexit would have. 

Even now, there are some who persist in claiming that Boris Johnson's use of the £350m a week figure was accurate. The UK's gross, as opposed to net EU contribution, is precisely this large, they say. Yet this ignores that Britain's annual rebate (which reduced its overall 2016 contribution to £252m a week) is not "returned" by Brussels but, rather, never leaves Britain to begin with. 

Then there is the £4.1bn that the government received from the EU in public funding, and the £1.5bn allocated directly to British organisations. Fine, the Leavers say, the latter could be better managed by the UK after Brexit (with more for the NHS and less for agriculture).

But this entire discussion ignores that EU withdrawal is set to leave the UK with less, rather than more, to spend. As Carl Emmerson, the deputy director of the Institute for Fiscal Studies, notes in a letter in today's Times: "The bigger picture is that the forecast health of the public finances was downgraded by £15bn per year - or almost £300m per week - as a direct result of the Brexit vote. Not only will we not regain control of £350m weekly as a result of Brexit, we are likely to make a net fiscal loss from it. Those are the numbers and forecasts which the government has adopted. It is perhaps surprising that members of the government are suggesting rather different figures."

The Office for Budget Responsibility forecasts, to which Emmerson refers, are shown below (the £15bn figure appearing in the 2020/21 column).

Some on the right contend that a blitz of tax cuts and deregulation following Brexit would unleash  higher growth. But aside from the deleterious economic and social consequences that could result, there is, as I noted yesterday, no majority in parliament or in the country for this course. 

George Eaton is political editor of the New Statesman.