Samsung landed in hot water for releasing that so-called “forbidden” document to the press the other day, and now it has been denied the request to use another piece of evidence.
One part of Samsung's case against Apple in the San Jose, California trial is that Apple shouldn't be allowed to fight over rectangles
, especially when there is prior art of everything it says it invented.
Alas, the examples of prior art that Samsung had in mind have not been admitted as viable evidence by Judge Lucy Koh.
The short version of the story is that Samsung wanted to introduce footage from 2001: A Space Odyssey and the UK television show Tomorrow People.
Both feature characters using tablet devices. That, Samsung would have argued, is proof that Apple has no right to the tablet form factor, as it wasn't its invention.
Unfortunately, as we said, the corporation will have to find another way to prove this, since the move has been blocked.
The longer version of the tale is like this: Samsung introduced the footage as background in 2011, but did not say it intended to use it to argue for patent invalidity.
Magistrate Judge Paul Grewal, the one overseeing the matter at the time, ruled that Samsung couldn't change its mind later, as Apple would not be given enough time to formulate a response. Judge Koh agreed with this decision, hence the denial. Those interested can read the ruling in its entirety here
On a related note, Judge Koh is said to be getting her patience sorely tested. Her most recent order was for both sides to limit themselves to just one set of objections and responses when introducing evidence with witnesses from here on out.
Speaking of which, testimonies begin today, so the whole mess should reach some sort of conclusion in two or four weeks.