Apple 2.0

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Apple catches Samsung trying to pull a couple fast ones

August 13, 2012: 11:56 AM ET

On Sunday, the Apple v. Samsung judge barred two witnesses for the defense

The F700. Samsung is still trying to show it to the jury.

FORTUNE -- FOSS Patents' Florian Mueller spotted a couple significant wins for Apple (AAPL) in an order Judge Lucy Koh filed Sunday night, just before its multibillion dollar patent infringement case against Samsung entered its third week.

In a motion filed Thursday, Mueller reports, Apple complained that the defense had listed "two witnesses the substance of whose testimony Samsung failed to disclose" on a timely basis:

  • Dale Sohn, president of Samsung Telecommunications America, whom Samsung sprung as a possible witness only last week. Not only had Samsung failed to list him in time, but according to Apple, Samsung "fought tooth-and-nail to prevent Apple from taking Mr. Sohn's deposition," arguing that Apple failed to show that Mr. Sohn had any unique "first-hand material knowledge." Judge Koh sided with Apple. "Samsung cannot now claim that Mr. Sohn has knowledge regarding Samsung's technology and products," she wrote, "after refusing for months to produce him for deposition."
  • Hyong Shin Park, designer of the Samsung F700 phone. This is the early touchscreen feature phone that Samsung's lead attorney literally begged the judge to let him show the jury -- even though the deadline for new evidence had long since passed -- and then leaked an image of it to the press when his motion was denied. (See Here's the phone Samsung insists the Apple jury must see.) Judge Koh would have none of it. "Ms. Park," she wrote, "did not design any of the accused devices."

Mueller notes, only slightly tongue in cheek, that Samsung can either accept the rulings for now and appeal them later or "interview those witnesses itself in a mock deposition setting and upload a video recording to YouTube ... along with a statement that this is a must-see for the jury."

You can read his post here.

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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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