Imagine that...a judge overseeing an IP fight builds decisions based on facts and believes in deadlines. I guess I better start rethinking the whole toothfairy concept.
"When Samsung failed to do so, Apple brought this motion for sanctions."
A court-ordered sanction precluding a defendant's defense against infringement is unquestionably harsh. Specifically, Judge Grewal's order states that Samsung "shall not argue that design-arounds are in any way distinct from those versions of code produced" in the case already. That means if the original TouchWiz scrollback feature is found to infringe Apple's patent, the newer "blue glow" feature can also be found to infringe — even if Samsung's workaround is in fact a non-infringing alternative. Any way you look at it, that's rough.
“"The prejudice here is particularly onerous in light of the significance of design-around code."”
http://mobile.theverge.com/apple/2012/5/5/3001434/us-judge-sanctions-samsung-precludes-workaround-defense-against-apple?utm_source=Triggermail
"The world is a dangerous place to live�not because of the people who are evil, but because of the people who don't do anything about it." �Albert Einstein
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