Samsung has released a statement to the media including evidence which it sought to introduce in its patent trial with Apple, but had been refused permission by the Judge.
While day two of the patent trial between Apple and Samsung was playing out in front of Judge Lucy Koh in a San Jose courtroom, the South Korean manufacturer issues a statement to the press detailing the evidence which was excluded from the trial.
In the statement, Samsung said:
"The Judge's exclusion of evidence on independent creation meant that even though Apple was allowed to inaccurately argue to the jury that the F700 was an iPhone copy, Samsung was not allowed to tell the jury the full story and show the pre-iPhone design for that and other phones that were in development at Samsung in 2006, before the iPhone.
The excluded evidence would have established beyond doubt that Samsung did not copy the iPhone design. Fundamental fairness requires that the jury decide the case based on all the evidence."
Ahead of the jury being brought into the courtroom to hear opening statements on day one of the trial, Samsung again asked Judge Koh to hear further arguments and allow evidence showing that Samsung designs for what became the P700 predate the iPhone. Judge Koh denied the request.
Begging the court
In a sign of desperation and a hint that Samsung may have been pinning all hopes of winning the case on this single piece of evidence, Samsung's lawyer David Quinn told the court that for the first time in his 30-year political career he was "begging the court" to hear more discussion.
"You've made your record for appeal," Koh said. "Don't make me sanction you, please."
Unsurprisingly, Apple's legal team has reacted angrily to this turn of events, calling the actions contemptible. Judge Koh was equally riled, saying: "Tell Mr Quinn I'd like to see him today. I want to know who drafted the press release, who authorised it from the legal team."
The fallout from this action by Samsung could be significant, with Judge Koh - and the Apple legal team - not likely to leave it go unpunished.