The patent infringement lawsuit that Apple brought against Samsung got underway this week, and Samsung’s legal team seems to be taking an interesting approach.
At 2:48 p.m., after openings were done and a suave Apple industrial designer was testifying, a Samsung press statement hit our inbox (along with those of other reporters) with a link to the excluded slides. (The linked material has since been removed, but All Things D snagged it.) “The excluded evidence would have established beyond doubt that Samsung did not copy the iPhone design,” the statement said. “Fundamental fairness requires that the jury decide the case based on all the evidence.”
Less then two hours later, after Koh sent the jury home for the day, Apple lawyer Harold McElhinny of Morrison & Foerster stood up. McElhinny said he had been unsure what Quinn was up to that morning, but the press statement made it clear.
“This is an intentional attempt to pollute this jury,” McElhinny said, adding that it should be considered “contempt of court.”
The evidence against Samsung seems pretty convincing in this lawsuit, so it appears that they’re swinging for the fences with a mistrial.