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Thursday, August 02, 2012, 08:05 pm PT (11:05 pm ET)

Samsung issues rebuttal to Apple's request for sanctions in motion to strike [u]

A late Thursday filing in the Apple v. Samsung trial saw Samsung issue a motion to strike an earlier Apple request which asked the Court hand down sanctions against the South Korean company for providing excluded case evidence to the media.

Update: This story has been revised to reflect that Samsung filed a PROPOSED order. Previously the order was presented as a signed judgment.

Samsung is seeking a motion to strike Apple's request which asked the court to give a favorable ruling on the Cupertino company's claim that Samsung infringes on certain iPhone patents.

In the response, Samsung claims Apple was seeking an "unprecedented sanction of outright dismissal of Samsung‘s defenses to its design patent claims, in the guise of an alleged "recommendation" about Samsung‘s release of information that was already publicly available." It goes on, claiming Apple cited no basis for the sanctions and calls the request "frivolous at every level."

From Samsung's response:
Apple‘s request is an affront to the integrity of the jury. Apple proceeds on the groundless assumption that the jury, already instructed by the Court not to read media accounts, will violate the Court‘s instructions and do precisely that. As explained in the Quinn declaration, Apple‘s premise is factually unfounded and contrary to settled law. Nowhere does Apple even address, let alone refute, these points.

Samsung's lead lawyer, John Quinn, on Tuesday released an email to the press containing demonstrative exhibits which included text of a deposition from former Apple designer Shin Nishibori regarding a "Sony-styled" iPhone. Apple countered that same day, promising a request for sanctions from the Court for what it called "egregious" misconduct.

Box Takedown

Samsung removed the exhibits from online file sharing site Box.com


Sometime during the two parties' arguments, Samsung took down the exhibits it had previously uploaded to Box.com, though the images have already been widely circulated and posted on mainstream media websites.