Judge Declines to Sanction Samsung for Role in Apple-Nokia Patent License Leaks [iOS Blog]

Judge Declines to Sanction Samsung for Role in Apple-Nokia Patent License Leaks - Mac Rumors window.fbAsyncInit = function() { FB.init({ appId : '263507923666566', status : true, // check login status cookie : true, // enable cookies to allow the server to access the session xfbml : true // parse XFBML }); }; (function() { var e = document.createElement('script'); e.src = document.location.protocol + '//connect.facebook.net/en_US/all.js'; e.async = true; document.getElementById('fb-root').appendChild(e); }()); Front Page Mac Blog iOS BlogRoundups AirPortApple TViMaciOS 7iPad AiriPad miniiPhone 5ciPhone 5siPhone 6iPod classiciPod nanoiPod shuffleiPod touchiWatchMac miniMac ProMacBook AirMacBook ProOS X MavericksThunderbolt Display Buyer's Guide ForumsGot a tip for us? Share it... Push Twitter Facebook RSS a. Send us an emailb. Anonymous formclose (x)Judge Declines to Sanction Samsung for Role in Apple-Nokia Patent License LeaksThursday January 30, 2014 2:16 am PST by Richard Padilla Last October, Apple filed a motion seeking sanctions against Samsung and its outside lawyers, accusing both of unlawfully obtaining sensitive data about Apple's 2011 patent license agreement with Nokia. Samsung responded to the allegations by filing three motions intended to slow the investigation. However, those motions were denied by Judge Lucy Koh, who also proceeded to call Samsung's lack of information about the alleged violation "inexcusable."

Now, FOSS Patents reports that Judge Paul S. Grewal yesterday ruled against imposing sanctions on Samsung, instead choosing to solely penalize its law firm, Quinn Emanuel. By Judge Grewal's order, Quinn Emanuel will be required to reimburse Apple, Nokia, and their legal counsel for all costs and fees incurred during the litigation.

Judge Grewal also explained why some further-reaching and more dramatic sanctions proposed by Apple and Nokia were not appropriate:

The vast majority of these are ludicrously overbroad, such as the suggestion that both Samsung and Quinn Emanuel should be banned from any situation in which they might make use of licensing information for the next two years. Although the evidence has shown Quinn Emanuel failed to notify the relevant parties at the relevant times, and that [Samsung in-house lawyer Daniel] Shim made use of the information, there has been insufficient evidence that this failure to notify or misuse ultimately implicated any issue in this or any other litigation or negotiation.

The decision by Judge Grewal can be appealed to Judge Koh and then on to the Federal Circuit if necessary, where Apple or Nokia could attempt to win additional sanctions. Samsung cannot appeal any part of the decision further as it was not sanctioned.

The ruling comes as a second patent infringement lawsuit between Apple and Samsung is set to begin on March 31, 2014. Notably, Samsung will only have four patents claims to bring to the upcoming trial, as Judge Koh invalidated two of its patent claims last week. Both companies will also partake in a trial centered around Apple's new call for a U.S. ban on Samsung products set for January 30.

[ 9 comments ] Share on Twitter Share on Facebook Share on Google+ Top Rated Comments(View all)

FloatingBonesPosted: 5 hours ago at 06:12 amMakes sense. It was the law firm that goofed up and FTP'd the unredacted document to Samsung's servers, where various people read it.

The outside law firm definitely goofed up, but this would not have been a problem unless Samsung did what they did with the information. From the original MR report (http://www.macrumors.com/2013/10/03/apple-seeks-sanctions-against-samsung-for-unlawful-use-of-apple-nokia-patent-license-terms/) of this violation:

Licensing executives from Samsung and Nokia held a meeting on June 4, 2013 to discuss a patent license deal between these parties. In that meeting, a Samsung exec, Dr. Seungho Ahn, "informed Nokia that the terms of the Apple-Nokia license were known to him" and according to a declaration from Nokia's Chief Intellectual Property Officer, Paul Melin, "stated that Apple had produced the Apple-Nokia license in its litigation with Samsung, and that Samsung's outside counsel had provided his team with the terms of the Apple-Nokia license". The Melin declaration furthermore says that "to prove to Nokia that he knew the confidential terms of the Apple-Nokia license, Dr. Ahn recited the terms of the license, and even went so far as to tell Nokia that 'all information leaks'.

Samsung execs knew they shouldn't have had that information. They could have chosen to act in an ethical fashion with that ill-gotten information. They did not. They bragged about having it, and used it as a negotiating tool in conversations with Nokia.

Samsung should be punished for those actions.Rating: 5 PositiveskdarlingPosted: 7 hours ago at 03:59 amMakes sense. It was the law firm that goofed up and FTP'd the unredacted document to Samsung's servers, where various people read it.

Not that Judge Grewal has ever been known to favor Quinn Emanuel. He is the one who primarily denied all their prior art in the billion dollar trial, because of a technicality.Rating: 2 PositivesalbusseverusPosted: 7 hours ago at 04:31 amShow me the part again, where Samsung didn't illegally obtain information and then use it.

It's not like they didn't know they weren't entitled to it.
It's not like they unknowingly bought stolen goods from someone at the pub.

Samsung sure gets a good run in U.S. courts. Remember everything they did to get a mistrial when they could see things weren't going their way?

I can't see how paying costs, which are mostly imaginary, is any discouragement from offending again. Banning the lawyers and Samsung for 2 years from being in a position to offend sounded extremely lenient.

Good to see lawyers (apparently) being brought to task for malpractice, though. Not that anybody seems to see it as anything other than the cost of doing business.Rating: 2 PositiveslolkthxbaiPosted: 5 hours ago at 06:33 amWow, how lame. It just doesn't seem very fair that Samsung will be getting away with this. And of course, the money to pay the law firm's penalties will come from Samsung because that's how they do business. Wasn't there a quote about how Nokia was approached with details of the Apple-Nokia licensing agreement...? Isn't that evidence enough of abuse.......?Rating: 2 PositivesJibbajabbaPosted: 7 hours ago at 03:55 amSo bored of that never ending story. Just get Tim Cook and Kwon Oh Hyun into a white collar arena and let them fight over it like men.Rating: 1 PositivestheBBPosted: 1 hour ago at 10:00 amJudges and prosecutors empathize with people in the legal profession, so they tend to be exceptionally lenient towards them for missteps and misjudgments, even though they do not mind ruining other people's lives for not following every letter of some obscure law. It is in human nature. If you think "oh, this could have happened to me just as easily", you tend to be a lot more forgiving.Rating: 1 Positives
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