In a declaration filed on Wednesday, Samsung attorney John Quinn said he had approved the release of a brief statement and proposed trial exhibits after several requests from reporters. Quinn said all the documents had previously been in the public record. The move was not intended to influence jurors, he said.

Apple's counsel Lee has however cited news reports to question whether Quinn's decision was indeed a limited response to certain "requests from members of the media." Even if the press had asked for these materials, he should not have provided them, but that is not what the press is reporting, Lee said in the filing. Press reports make clear that it was an unsolicited release which aimed to disseminate Samsung's excluded evidence widely among the press, he added.

Apple said it will not request a mistrial. "A mistrial would play directly into Samsung's strategy of delay, and only reward Samsung's misconduct," it said in the filing.

Samsung already has been sanctioned four times in the case for discovery abuses, Lee said. Most recently, Samsung was sanctioned for destroying evidence. "Litigation misconduct is apparently a part of Samsung's litigation strategy--and limited sanctions have not deterred Samsung from such misconduct," he added.

Samsung was not immediately available for comment.