Apple 2.0

Covering the business that Steve Jobs built

Apple wants Steve Jobs' bio excluded from Samsung trial

May 1, 2012: 10:53 AM ET

If it gets its way, the jury will hear no talk of Apple waging thermonuclear war on Android

FORTUNE -- FOSS Patents' Florian Mueller has been reading through the motions Apple (AAPL) and Samsung filed in advance of their upcoming patent trial in the Northern District of California and has come across a few interesting tidbits.

Both sides want to exclude some of the things that have been written about them.

Samsung doesn't want the jury to hear anything from "Apple related blogs, and articles by non-expert newspaper reporters, regarding any assessment of Apple and Samsung and/or their products." It also wants to exclude testimony from Apple's expert on consumer decision making, Sanjay Sood, who -- using a familiar Apple trope -- described the company as having design in its DNA.

Apple goes even further. It wants to exclude any "argument or evidence regarding statements attributed to Steve Jobs by Walter Isaacson in his biography."

That's a lot of evidence -- 656 pages worth, if you count the whole thing. And it means the jury will not hear -- if they haven't already -- the most explosive thing Jobs ever said on the record about Google's (GOOG) Android, the operating system in Samsung's smartphones and the issue at the heart of the case:

"Our lawsuit is saying, 'Google you f***ing ripped off the iPhone, wholesale ripped us off. Grand theft,'" Jobs told Isaacson the day Apple filed its first anti-Android suit.

"I will spend my last dying breath if I need to, and I will spend every penny of Apple's $40 billion in the bank, to right this wrong. I'm going to destroy Android, because it's a stolen product. I'm willing to go thermonuclear war on this. They are scared to death, because they know they are guilty."

How much fun will this trial be if the judge agrees to exclude that?

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About This Author
Philip Elmer-Dewitt
Philip Elmer-DeWitt
Editor, Apple 2.0, Fortune

Philip Elmer-DeWitt has been following Apple since 1982, first for Time Magazine, and now on the Web for Fortune.com.

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