Samsung CANNOT Defend Itself Fully in Apple Infringement Case

Apple and Samsung is on the clash again for the unending patent disputes, we cannot expect that this will end in the near future or ever will end.

Today, a judge roughly reprimanded Samsung, blocking the South Korea-based company from using there own particular code as their defensive strategy against Apple’s infringement lawsuit.

Judge Paul S. Grewal, who penalized Samsung, who already handled some Samsung violating court order issues before, directed Samsung to present components of its source code to Apple last December but Samsung failed to comply and decided to put off. Apple then filed a complaint claiming they are not willing to use the presented code now, knowning that Samsung was taking time to change everything. To answer Apple’s motion against the issue, Judge Grewal released this said order:

“In accordance with the foregoing, the court grants Apple’s Motion for Snactions, and finds that Samsung’s faiure to adequately produce source code to Apple violated the court’s December 22 Order. Samsung shall be precluded from offering any evidence of its design-around efforts for the ’381, ’891, and ’163 patents, and shall not argue that the design-arounds are in any way distinct from those versions of code produced in accordance with the court’s order. Samsung must instead rely solely on the version of code that were produced on or before December 31, 2011.”

The mentioned code, which has been the main issue, included the “design-around” of Samsung, meaning the company changed the codes so it will not show that they violated patents, they referred this as “blue glow.” This is an action to escape from the rubber band effect when over scrolling that Apple originally made patent, Apple said that Samsung infringed this. Users of Apple devices is very familiar with this, this is the bouncing effect when you scroll to much with the swipe of a finger.

This altered code that Samsung made may have solved the claimed patent infringement case against the South Korea-based company and could have assisted them protect itself stating the code has been modified and the violation don’t exist anymore. But Samsung cannot use this option anymore as the Judge ordered them, they will now have to rely on the code that they used before December 31, 2011, the time when the alteration had not yet been released.