The iPhone turned five Friday. Happy birthday wonder phone.
Apple wants Samsung sanctioned for sending reporters links to excluded evidence from its patent infringement lawsuit, saying that the evidence could be used sway jurors.
The Cupertino, Calif., company plans to file an emergency motion in federal court to stop Samsung's sharing of the material, the Los Angeles Times reported. The excluded evidence had been blocked by U.S District Judge Lucy H. Koh, but was sent to reporters on Tuesday with a statement from Samsung that essentially said the evidence would have proved Samsung had not copied the iPhone.
Koh didn't seem happy about the leaked information and demanded an explanation from Samsung lawyer John Quinn, whose five-page declaration Wednesday defended the company's actions as legal and ethical. Quinn's statement didn't identify who wrote the statement or released it to the press.
Apple's lawyer, William F. Lee of WilmerHale, said it was part of Samsung's bigger plan to sway the jury and plans to file for an emergency motion to sanction the South Korean company.
"Samsung's multiple references to the jury in its statement make plain its intent that the jurors in our case learn of arguments the court has excluded through the press," Lee said. "This deliberate attempt to influence the trial with inadmissible evidence is both improper and unethical."