But there is more to this story than just the Sony CAD drawings. Samsung also produced product designs that pre-date the launch of the iPhone by at least a year. They clearly show that Samsung was also working on the same concept long before Apple launched their product. This would automatically rule out the possibility that Samsung copied Apple, but again Judge Koh refused to allow the evidence to be submitted.  When Samsung Lawyer John Quinn asked what the point of having a trial was if Samsung was not allowed to admit evidence he was threatened with sanctions showing that Judge Koh is not interested in the truth or a fair trial.

We have said from the beginning that this trial is very important to the future of innovation, but that with the current judge presiding over it there is a good chance that a gross miscarriage of justice will happen. The good news here is that Samsung appears to be aware of it and are making the right theatrical maneuvers to make sure the press and the jury know too. These well documented issues could bode well for the almost certain appeal that Samsung will need to see any real justice in this case. Still when you consider that Judge Koh worked for a company that received stock from Apple during their IPO and then continued to represent them it is not surprising that we are seeing this happen now. We would love to see Lucy Koh removed and the venue changed in this trial, perhaps if this happened at least the case would be decided on the balance of ALL of the evidence and not what the judge wants the jury to hear.

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