Apple Loses Bid to Keep Customer Survey Secret
Apple argued that the survey’s release would aid competitors, as the data is not available elsewhere.
“It’s plainly a trade secret,” Apple’s lawyer told the court. “There’s no reason for a document to come into evidence in its entirety.”
Judge Lucy Koh disagreed, but allowed Apple time to file an appeal.
“I’m denying your request to seal today, so take it up on appeal,” Koh said.
Meanwhile, in another hotly contested issue, Koh said she was denying Apple’s request for sanctions against Samsung for a press release that made reference to evidence that Koh had excluded, and said that it was information the jury needed to know.
Koh said that she was troubled by the release for the potential it had to tamper with the jury — a jury that, as Koh pointed out, included several members that had already heard about the case prior to being empaneled.
“I will not allow any theatrics or sideshow distract us from what we are here to do,” Koh said.
She did say she would poll the jurors individually to make sure they had not heard anything. That process is now taking place. Most said they had not heard about the case, but one juror said he had seen a few headlines, but nothing else.
Koh noted that the fact that the disputed evidence was excluded was an issue of Samsung’s making, since it stemmed from the company not disclosing the evidence in a timely manner. Koh said that both Apple and Samsung are being held to the same standard, and that Apple also had theories and evidence excluded that they did not disclose in time.
Testimony is due to resume shortly, with Phil Schiller retaking the stand, after testifying for only a couple of minutes before court adjourned on Tuesday.
- Calling All Gluttons for Legalese Punishment: Here’s the Apple-Samsung Amended Verdict Form
- Apple-Samsung Juror Tells CNET Debate Was “Heated”
- “The Jury Has Now Spoken”: Apple CEO Tim Cook’s Memo to Employees on Patent Win Over Samsung
- Apple’s Big Patent Win: A Shot Across the Bow of All Android Device Manufacturers
- Next Stop for Apple-Samsung: Appeals Court
- Wall Street Reacts to Apple’s Legal Win Over Samsung: Maybe, Let’s Not Kill All the Lawyers!
- Apple Says Verdict Is a Win for Values; Samsung Says It’s a Loss for Consumers
- Jury Slightly Lowers Apple-Samsung Verdict After Inconsistencies Noted
- On One-Year of Anniversary of Jobs Stepping Down as CEO, Karma’s a … Patent Victory for Apple
- Jury: Samsung Owes Apple More Than $1 Billion for Infringing Patents
- Competing Views of Competition in Apple-Samsung Trial
- Ringside as Apple and Samsung Go Into the Final Round
- Apple, Samsung Jury Won’t Hear About Missing Evidence
- The Definitive Insider’s Guide to Apple vs. Samsung
- At Long Last, Testimony Wraps up in Apple Vs. Samsung
- Apple: Samsung Didn’t Live Up to Its Standards Obligations
- Judge Koh: It’s Samsung’s Own Fault It Ran Out of Time
- Apple Lawyer to Frustrated Judge: Yes, We Need All These Witnesses, and No, I’m Not Smoking Crack
- Apple vs. Samsung Judge Encourages “Horse Trading” to Narrow Case
- Apple Says Samsung Documents Show Google’s Influence On Galaxy Products
- Patience Runs Thin as Time Runs Short in Apple vs. Samsung
- Samsung Designer Says Galaxy Tab 10.1 Work Preceded iPad Announcement
- Give Peace a Chance, Judge Says, Asking Apple and Samsung CEOs to Meet One Last Time
- Samsung Document Notes Their Smartphone Icons Not Always Iconic
- Samsung Designer Testifies She Didn’t Copy Any of Apple’s Icons
- Fireworks in Apple-Samsung Trial Over Whether Expert Had Improper Access to Intel Source Code
- The iPhone Advantage Is Largest in Big Cities, According to Samsung Study
- Judge Refuses to Toss Most of Apple’s Suit Against Samsung
- Apple: Offer to License Patents to Samsung Didn’t Include iPhone’s Interface
- Latest Front in the Apple vs. Samsung Battle: Jury Instructions
- A Look Back at the Second Week of the Apple-Samsung Trial
- Here’s Apple’s August 2010 Warning to Samsung on Patents
- Apple Offered to License its Patents to Samsung for $30 Per Smartphone, $40 Per Tablet
- Apple Patent Head: We Don’t Want to License Clones
- MIT Professor Says Samsung Customers Might Pay Extra $100 for Apple-like Features
- After Starting With a Bang, Apple vs. Samsung Now Just as Boring as Other Patent Cases
- Samsung’s U.S. Tablet Revenue Less Than 5 Percent of Apple’s, Court Documents Show
- Apple vs. Samsung Trial Forces Companies to Open Up the Books
- Jurors in Apple vs. Samsung Get a Raise, but Still Woefully Underpaid
- Samsung on Its iPhone-Envy Memo: Nothing to See Here, Move Along
- Samsung’s 2010 Report Says Its Galaxy Would Be Better if It Were Just More Like the iPhone
- Similarity of Apple and Samsung Icons “Beyond Coincidental,” Designer Testifies
- iPhone Caused “Crisis of Design” at Samsung (Memo)
- Samsung Exec Downplays “Crisis of Design” Memo at Patent Trial
- Five Things We Learned at the Apple-Samsung Trial Last Week
- Samsung’ Hinges its Case on Rectangles and Rounded Corners
- Apple’s Case Against Samsung in Three Pictures
- Top Apple Executive Saw Market for 7-Inch Tablet in 2011, Said Company Should Do One
- Apple’s Scott Forstall on How “Project Purple” Became the iPhone
- Apple’s Phil Schiller on How Apple Came Up With the iPhone and iPad
- Apple Loses Bid to Keep Customer Survey Secret
- Samsung and Apple Speaking to One Jury, Many Audiences
- Samsung: We Weren’t Trying to Mess With the Jury
- Judge Koh on “2001” Evidence: I’m Sorry, Samsung, I’m Afraid I Can’t Do That
- Apple: Litigation Misconduct Is Part of Samsung’s Legal Strategy
- Samsung Goes Public With Excluded Evidence to Undercut Apple’s Design Claims
- Apple Designer: We’ve Been Ripped Off
- Apple Designer: Even Steve Jobs Doubted the iPhone at Times
- Apple Literally Designs Its Products Around a Kitchen Table
- Samsung: Apple Didn’t Invent the Rectangle
- Apple: Samsung Took the Easy Road and Copied Us
- Day One of Apple vs. Samsung Starts With Another Debate on Apple’s “Sony Style”
- Samsung Thwarted in Bid to Show Apple Has “Sony Style”
- As Apple and Samsung Head to Court, Here’s a Handy Cheat Sheet
- Key Witness No Longer Works at Apple, Doesn’t Want to Testify at Samsung Trial
- Can I Get a Witness? Sure, Here’s a Whole List of Them, as Apple vs. Samsung Heads to Trial.
- Apple’s Case Against Samsung Gives Rare Glimpse at Dozens of iPhone and iPad Prototype Designs
- Samsung Makes Another Case to Have Apple’s “Sony Style” Put Before Jury
- Apple Tries to Torpedo Samsung’s “Sony Style” iPhone Charge
- Samsung, Apple Even at Odds Over Where They Will Sit at Trial
- Documents in Apple vs. Samsung Give Reporters Plenty to Chew On
- Samsung, Apple Reveal Names of Those Who May Testify at Next Week’s Trial
- Apple’s iPhone Has Sony Style, Says Samsung (Full Trial Brief)
- Apple: Google Warned Samsung Against Copying Us
- Jury to Hear That Samsung Failed to Preserve Evidence in Apple Patent Suit
- Apple to Samsung: You Give Us $2.5 Billion and We’ll Give You a Half-Cent-a-Unit Royalty
- Apple vs. Samsung: Another Patent Slapfight, Another Exasperated Judge