Unless you’ve been hiding under a rock for the past week, you’re well aware that Samsung and Apple and in the midst of a truly epic court battle this week. Samsung got off to a rough start on Monday, as it leaked a selection of evidence that the judge had banned from the trial. The company says that it released it because of it was “public domain.” Apple, however, doesn’t agree with that statement and says that the court should rule in its favor to reprimand Samsung for “litigation misconduct.”

Apple is also quick to point out that ““Samsung already has been sanctioned four times in this case for discovery abuses. Most recently, Samsung was sanctioned for destroying evidence,” concluding that “misconduct is apparently a part of Samsung’s litigation strategy.” Apple sees this leak as yet another “calculated risk” while trying to pull jurors to its side.

“The proper remedy for Samsung’s misconduct is judgment that Apple’s asserted phone design patents are valid and infringed,” Apple’s attorneys conclude. “Through its extraordinary actions yesterday, Samsung sought to sway the jury on the design patent issues, and the proper remedy is to enter judgment against Samsung on those same patents. It would be, to be sure, a significant sanction. But serious misconduct can only be cured through a serious sanction—and here, Samsung’s continuing and escalating misconduct merits a severe penalty that will establish that Samsung is not above the law.”

Samsung says that it plans to dispute these allegations and that “Apple’s filing is baseless and [Samsung] will be filing a response.”