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Samsung's Request to Delay Investigation of Apple-Nokia Patent License Leaks Denied

apple_samsung_logos After Apple filed a new motion for sanctions against Samsung for unlawfully obtaining sensitive information about its 2011 patent license agreement with Nokia, Judge Lucy Koh has denied three Samsung motions intended to slow the investigation, reports FOSS Patents.

Samsung had asked Judge Koh to overrule the findings of Judge Paul S. Grewal in the original filing by Apple because of alleged errors, but Samsung's request was denied by Judge Koh, who proceeded to call Samsung's lack of information during the three-month time period since the alleged violation "inexcusable".
Judge Grewal had said in his order last week that "[t]here is reason to believe the rule [that confidential information made available only to outside counsel won't be disclosed to the party itself] has been breached in the present case", and at the related hearing he suggested to Samsung's counsel again and again and again that the occurrence of violations could and should be admitted because the facts are so very clear. Samsung then brought a set of motions asking Judge Koh to overrule Judge Grewal because some of his findings were allegedly erroneous and contrary to law. Judge Koh, however, has concluded that Judge Grewal's related decision was "eminently reasonable".

Samsung and the law firm representing it in this case now face an even bigger problem than before because Judge Koh's order makes clear that there has been some wrongdoing:

Footnote 1 (page 9):

"Samsung's exhibits to its motions for relief show that Quinn Emanuel did in fact improperly disclose information about the other Apple licenses to Samsung's employees."
Judge Koh also mentioned in the court order that the case at hand involves multiple parties that have upcoming trials within her court, and that the issue of Samsung's unlawful actions must be solved quickly in order to allow the other trials to proceed normally. The hearing for this case will reportedly be held next Tuesday, October 22, barring an inability to hold trial due to the ongoing shutdown of the U.S. government.

Since 2011, Samsung and Apple have been in a long, ongoing legal battle over patent and design issues, with the first U.S. trial awarding $1 billion to Apple in 2012. However, a judge voided nearly half of that amount in March, and a new trial between the two companies is set for this November. Apple senior vice president of worldwide marketing Phil Schiller and former senior vice president of iOS software Scott Forstall may also take the stand in the retrial.

Top Rated Comments

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Posted: 10 months ago
It is fascinating how sleazy Samsung is.
Rating: 18 Votes
Posted: 10 months ago
Samsung is rotten at its core. I'll never buy another Samsung product again
Rating: 16 Votes
Posted: 10 months ago

I'm so lost in this entire Samsung vs Apple war. Last I checked they were fighting over tap to zoom, and "slide to unlock". Someone please fill me in.


As I understand it, during the lawsuit, Samsung requested access to details of some of Apple's other licensing deals, including with Nokia. Apple countered that Samsung had no business knowing their licensing deals and the judge took a middle ground, saying that the deal could be reviewed, but by a third party who was to keep the details confidential from Samsung proper.

That didn't happen. The third party put the information on Samsung's internal servers, and a Samsung exec flat-out told Nokia he knew the contents of the agreement when negotiating terms with them.
Rating: 16 Votes
Posted: 10 months ago

As I understand it, during the lawsuit, Samsung requested access to details of some of Apple's other licensing deals, including with Nokia. Apple countered that Samsung had no business knowing their licensing deals and the judge took a middle ground, saying that the deal could be reviewed, but by a third party who was to keep the details confidential from Samsung proper.

That didn't happen. The third party put the information on Samsung's internal servers, and a Samsung exec flat-out told Nokia he knew the contents of the agreement when negotiating terms with them.


This is more interesting than the original case!

Ignoring the third party issue, who could probably be disbarred, the fact Samsung didn't immediately inform the judge, but in fact used the information to strike deals themselves could really land them in hot water I'd have thought. Plenty of opportunity to do the right thing, but of course, they didn't.
Rating: 12 Votes
Posted: 10 months ago
Samsung is plainly a criminal enterprise , flaunting laws around the world. They have built a business on copying their competitors, bribing officials, paying shills , analysts and ” journalists” and delaying and/or ignoring legal findings .

Hopefully, the weight of their crimes has become so heavy they will sink.
Rating: 10 Votes
Posted: 10 months ago

As I understand it, during the lawsuit, Samsung requested access to details of some of Apple's other licensing deals, including with Nokia. Apple countered that Samsung had no business knowing their licensing deals and the judge took a middle ground, saying that the deal could be reviewed, but by a third party who was to keep the details confidential from Samsung proper.

That didn't happen. The third party put the information on Samsung's internal servers, and a Samsung exec flat-out told Nokia he knew the contents of the agreement when negotiating terms with them.


You could only see this as an honest error if Samsung and their lawyers had come clean straight away after realising their error. Instead a senior exec taunted Nokia with the confidential patent knowledge, which he shouldn't even have had and yet which he knew off by heart.

Their lack of co-operation since suggests real lack of understanding of their "mistake" and a lack of contrition.

Will be interested to see what sanctions are applied. A rather nice irony that the case is due to be heard on the same day as the iPad event!
Rating: 8 Votes
Posted: 10 months ago

Before anyone blames Samsung for trying to get away with these motions - try and remember that THAT'S what lawyers are paid to do. I am not saying it's right or just. I am saying that any company - Apple or Samsung alike - would be filing whatever delays/motions/etc they could to work in their favor. It's not "sleazy" of any one company any more than it's "sleazy" for one company to take advantage of tax loopholes. This is how the process (whether we like it or not) works.


Nobody is saying that Samsung or it's lawyers are "sleazy" for filing delays/motions.

Everyone is saying that the Samsung executives are sleazy for reading the confidential papers they were legally obligated not to read. And the lawyers were sleazy in allowing this to happen.
Rating: 8 Votes
Posted: 10 months ago

You could only see this as an honest error if Samsung and their lawyers had come clean straight away after realising their error. Instead a senior exec taunted Nokia with the confidential patent knowledge, which he shouldn't even have had and yet which he knew off by heart.

Their lack of co-operation since suggests real lack of understanding of their "mistake" and a lack of contrition.

I think it goes well beyond simple lack of understanding--if the reports of what was said in the meeting with Nokia are even half true, the Samsung executive was fully aware of the illegality of what he was doing, and was openly flaunting the law.

I would say that it's hard to believe that an executive at a major global company would be so flagrant in his disregard of laws, but there is certainly precedent--the head of the company should literally be in jail. He was convicted of financial shenanigans and the prosecutors requested a 7 year sentence, but the court knocked it down to a 3 year suspended sentence, which was then pardoned by the president so he could help out with the Olympics, and it wasn't long before he was running the company again.

If the original sentence had been handed down, he'd be in prison for at least another year and a half.

It may or may not be a coincidence that Samsung was also raided around the same time as that case related to a slush fund used to bribe government officials. And it's almost certainly not a coincidence that they account for nearly 20% of South Korea's GDP--when you get a personal pardon from the president of South Korea, you obviously have friends in very high places.

Point being, the person running the company is literally a convicted criminal, and one who not only served no time for the crime he committed, but would still be in jail if he'd been sentenced appropriately. That's pretty strong evidence for deep-rooted corruption in the company's executive culture.

I guess what goes around, comes around. Unfortunately Samsung will probably not learn anything from this.

Given the slap on the wrist their chairman received when caught red-handed and convicted, it certainly doesn't seem likely that they'll learn anything this time around, either, unless the penalties are staggering.
Rating: 6 Votes
Posted: 10 months ago

Better stop buying Apple products then. In fact, I doubt you'll have much choice since Samsung make quite a lot of components for quite a lot of companies.

Good luck.


I'm starting to feel like Bill Murray!
Rating: 5 Votes
Posted: 10 months ago

You could only see this as an honest error if Samsung and their lawyers had come clean straight away after realising their error. Instead a senior exec taunted Nokia with the confidential patent knowledge, which he shouldn't even have had and yet which he knew off by heart.

Their lack of co-operation since suggests real lack of understanding of their "mistake" and a lack of contrition.

Will be interested to see what sanctions are applied. A rather nice irony that the case is due to be heard on the same day as the iPad event!


Very good points, they appear to not even think they are doing anything wrong here and actually taunted one of the parties involved, how arrogant is that.
Rating: 5 Votes

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