• US Court Declines to Sanction Samsung for Use of Confidential Apple Licensing Info



    A US District Court for the Northern District of California ruled in favor of an Apple order to grant sanctions over the inadvertently leaked information but didn’t go so far as to ding Samsung for the infraction. Samsung’s law firm in both Apple vs. Samsung trials, Quinn Emmanuel, will be sanctioned. US Magistrate Judge Paul S. Grewal wrote in the order that the dissemination of confidential information was inadvertent; a simple error in redaction. He wrote the following regarding the matter:

    A junior associate missing one redaction among many in an expert report is not exactly a
    historical event in the annals of big-ticket patent litigation. Even if regrettable, these things can happen, and almost certainly do happen each and every day. But when such an inadvertent mistake is permitted to go unchecked, unaddressed, and propagated hundreds and hundreds of times by conscious - and indeed strategic - choices by that associate's firm and client alike, more significant and blameworthy flaws are revealed.
    As noted by Florian Mueller of FOSS Patents’, Judge Grewal previously advocated for sanctions of some kind, suggesting Samsung itself should be responsible at least in part. However, upon further fact finding, it was concluded that evidence of misuse on the part of Samsung was “circumstantial,” meaning the company isn’t considered a perpetrator.

    Previously in October 2013, a court order revealed Samsung’s licensing executives were able to get their hands on non-redacted documents containing sensitive information regarding stipulations of Apple and Nokia licensing deals. The papers prepared by Dr. David J. Teece for Quinn Emmanuel, were meant solely for use in litigation by outside counsel, but were accidentally sent to high-ranking Samsung IP executives and other internal personnel.

    Along with the sanctions, Judge Grewal ordered all copies of the Teece report containing confidential information to be permanently removed from Samsung control within two weeks. Furthermore, to avoid failings in redaction policy, counsel for both companies must send redacted versions of documents to each other’s counsel before filing or distributing externally. The practice is applicable to the parties’ two ongoing California cases.

    We’ll have to wait and see what happens next.

    Source: FOSS Patents
    This article was originally published in forum thread: US Court Declines to Sanction Samsung for Use of Confidential Apple Licensing Info started by Akshay Masand View original post
    Comments 1 Comment
    1. politicalslug's Avatar
      politicalslug -
      I'm still baffled. Samsung produces enough hardware for Apple that they ought to know everything Apple is planning, despite obviously false assurances that Samsung's fab division doesn't share with its mobile division. I've been to CES enough times to know that these Korean and Chinese companies take IP theft very, very seriously.
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