When Samsung on Monday publicized previously excluded evidence related to its F700 phone and other devices it had been working on before the iPhone came along (to establish prior art), the company didn’t just anger Judge Lucy Koh, it also drew ire of Apple’s legal team.

Cupertino is now asking the court to rule in its favor because Samsung’s unusual move was in an attempt to prejudice the jury. Because of that, Apple’s attorneys are saying the court should rule that Samsung infringed Apple’s patents as a way of punishing the South Korean conglomerate for misconduct…

John Paczkowski, writing for AllThingsD:

In a filing to the U.S. District Court for the Northern District of California late Wednesday evening, Apple said the court should sanction Samsung by ruling that the patents at issue in the case are valid and infringed by Samsung.

And what happens if the court ignores Apple’s request?

And if the court declines to do so, it should at the very least instruct the jury that Samsung has engaged in “serious misconduct” and bar the company from any further mention of its Sony-style argument in court.

Reacting to Apple’s filing, a Samsung spokesperson issued this response:

Apple’s filing is baseless and we will be filing a response.

As you know, Samsung publicized slides depicting the F700 and various other phone designs it was working on before the iPhone, plus a deposition by a former Sony designer Apple hired to do a Sony-inspired iPhone prototype.

Samsung in a brief explained it made the excluded evidence public in response to media inquiries and because Apple was allowed to wrongly assert that the F700 is an iPhone copy. As for the iPhone vs. F700 copycat accusations, our poll indicates that iDB readers are divided and unsure about this matter as well.

Apple also warned that Samsung has a history of destroying evidence and pointed out that “litigation misconduct is a part of Samsung’s strategy” because “with so much at stake, Samsung has taken the calculated risk that any sanctions arising from its attempt to influence the jury with its excluded arguments are a price it is willing to pay”.

This trial is turning into a soap opera.

Do you think the court should sanction Samsung for publicizing excluded evidence?

  • yes.

  • No. I think they should kick the judge because she’s heavily biased. NOT allowing heavy evidence because she doesn’t want to is just eager bullshit !

    • Ignacio Irigoyen

      I understand what you are saying. But what if the judge had a good reason for this? I do not think a judge would do something like this without a good and logic reason for doing it give the attention this war has.

      • Hyr3m

        Good reason : She’s on Team Apple
        Logic : Not gonna get her cut if Team Samsung wins like it should

    • I read somewhere that the judge used to work for the law firm that Apple uses and doesn’t live far from Apple’s HQ. Not sure how much truth there is in that, but if that is the case, she should excuse herself from overseeing this courtroom battle.

    • She allowed them to show evidence but they showed this evidence late, when no evidence was supposed to be shown already.

      • Ignacio Irigoyen

        Now I wonder if this is such an important and game changing evidence way Samsung did not show it on time

      • So someone kills one of your family member and you find a video recording of the killer, killing the victim and the judge says, Its too late to consider that now (Mind you the case just started 3 days ago) and asks you to destroy the evidence.
        Would you be satisfied with the judge’s decision?? Or would you conclude the Judge is a sell out??

      • Ignacio Irigoyen

        This is not te same. But if you want my ansewr I would do everythin in my power so the he goes free and the I would hunt him down and kill it my self.

        Also if I had a video of the event it would be the first thing I would introduce

      • You can introduce new evidence into a case at any time as long as both the judge and other party is shown it. Samsung showed them both, and Apple had an “oh shit” moment with it and the judge just threw it out the window. This is legitimate evidence, and this judge is showing extreme misconduct by throwing it out.

  • Lol – after this patent war is over – they should make a movie out of this. ahahahah

  • lol – after this patent war is over, the winning company should make a movie out if this…. ahahaha

  • the jury must block the sale of any product to copy Apple . fuck android, fuck samsung

    • So should the court block the sell of any Apple product that copied Samsung and copied Android? F700 was out before the iPhone. iOS 5 was nothing but great things from Android and the jailbreak community. And since Samsung is a major supplier for Apple, it would not be a good thing right now for Apple to give the one finger salute to Samsung and be done with them.

      Everyone copies each other. Apple is as guilty as Samsung is in the copying category. I know you like to think that Apple magically invents EVERYTHING, but that’s not how it really is.

      • Kok Hean

        I wanted to save up for a Galaxy Nexus but it’s not in my carrier store anymore…

    • U mad bro? U mad. Haha.

    • You are a PERFECT example of an Apple marketing victim AKA iSheep.

    • Every tech company copies every other tech company. Apple and Microsoft copied the Xerox GUI for their OSes, iOS 5 was just trying to catch up to the features in Android. It’s how you innovate: you take what’s there and make it better while ALSO introducing new features. Without adding the new features, there is no innovation. Apple is at the point right now where they aren’t innovating anymore, so they’re suing anyone who’s a threat.

  • OMG. I love Apple but boy is this judge ever biased. Hahahahaha

  • Women shouldn’t be allowed to judge things about technology. Honestly any judge that doesn’t know about technology shouldn’t be able to. Every TV, couch, water bottle, bed, wifi routers, pop cans they all look the same.as the next.one and no one gives a fuck. I like apple products but they’re starting to piss me off with the fucking suing saying companies can’t make a rectangular phone with rounded edges if that’s what the people want but they don’t want to use iOS why shouldn’t they be able to get it? Samsung is doing what every company does make products they think consumers will like.

  • notewar

    New lawsuit everyday….i already felt tired for the lawyers.

  • Aris Michael Ramirez

    iPhone didn’t really copied Samsung/Android’s. It improves all its features and its looks. They should give thanks to Apple rather because for that improvements Android phone also improves. Apple Copied and Improved Samsung’s, Samsung copied Apple’s. Now, Apple is still improving their iPhone/iPad while Android is here suing instead of improving theirs.

    • Android is suing? I have two questions:
      1) What planet are you from??
      2) Which article did you read??

      • Excuse him..he has broken English that’s why

  • Erm that f700 is not even at the home screen, it’s on a media player! It’s home screen looks nothing like the iPhone! Also it has a slide out keyboard and it’s very fat! Front is also a plastic around the screen. Nothing like the iPhone’s a whole front surface is made out of glass!! No wonder why this was not allowed in court since it very misleading! if this looks like the iPhone then all htc,compaq smartphones running windows mobile years ago looked like it as well! Remember the HTC touch anyone?

    Samsung is trying to play it down to basics like , look we build square phones with a button on front as well. The extend Samsung copied the iPhone was not just basics! They went into extremes to imitate the look and feel of the phone both from the hardware point of view to the phones home screen, to the phones built in apps and even how the phone is packaged or even how the charger is built and everything.

    • Lee Capili

      OR it could be a home screen with the “Music Player” selected and the title above is just reflecting the current selection.