Ina Fried

Recent Posts by Ina Fried

Judge Koh on “2001” Evidence: I’m Sorry, Samsung, I’m Afraid I Can’t Do That

While there are no court proceedings on Thursday, Judge Lucy Koh issued a variety of rulings further limiting the types of evidence Samsung can use to argue that Apple’s patents are either invalid or not infringed.

In an order on Thursday, Koh upheld a magistrate judge’s contention that, for example, Samsung cannot use devices shown in the 1968 movie “2001: A Space Odyssey” as part of its case that Apple’s patents are invalid.

Samsung has been highly critical of Koh’s rulings in the case, arguing that she is not allowing the jury to get a proper picture of things. In particular, the company has been trying to introduce evidence that Apple has been influenced by Sony and that Samsung had products in the works prior to the iPhone that consisted of a rectangular design with rounded corners dominated by a large touchscreen.

After losing the battle in court, Samsung issued a press release on Tuesday, a move that has drawn the ire of the judge and for which Apple is now seeking sanctions.

As part of her ruling Thursday, Koh again made clear that Samsung won’t be able to use some Sony-inspired iPhone designs produced by Apple. She has allowed in one internal Apple email that makes reference to Sony, and Samsung mentioned that during its opening argument on Tuesday.

Samsung also can use a Compaq and Fidler tablet to argue that Apple’s patents are invalid, but not as part of its case that it didn’t infringe on Apple’s patents.

The trial resumes on Friday with Apple Senior VP Phil Schiller due to return to the witness stand. Schiller testified only briefly on Tuesday before court ended for the day.


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The problem with the Billionaire Savior phase of the newspaper collapse has always been that billionaires don’t tend to like the kind of authority-questioning journalism that upsets the status quo.

— Ryan Chittum, writing in the Columbia Journalism Review about the promise of Pierre Omidyar’s new media venture with Glenn Greenwald