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".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.
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."
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.