U.S. District Judge Koh denies Samsung motions, finds Apple licensing disclosures ‘improper,’ cover-up ‘inexcusable’

“Yesterday I wrote that Judge Koh appeared ‘underwhelmed’ by a couple of Samsung motions designed to delay the investigation into the Patentgate scandal and predicted a denial of those motions,” Florian Müller reports for FOSS Patents. “Indeed, the denial came down later that day by local time. And it’s not just that Samsung’s motions failed: Judge Lucy Koh’s order makes things worse for Samsung because this federal judge, who was actually rather lenient on Samsung’s past failures to comply with court orders, is no less convinced of wrongdoing than Magistrate Judge Grewal and has written an order that ups the ante for Samsung’s previously announced mandamus petition to the Federal Circuit.”

“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,'” Müller reports. “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… Improper disclosures. Inexcusable unwillingness to shed light on the matter. And, still worse, if it turns out that the use of improperly-disclosed information influenced the ITC investigation of Samsung’s complaint against Apple, which is what Apple appears to be convinced of, then this would be ‘particularly egregious’ in the judge’s opinion.”

Müller opines, “While it’s very likely that Samsung will now file a petition for writ of mandamus with the Federal Circuit, I doubt that the appeals court will grant Samsung the stay it requested. Unless the U.S. government shutdown somehow affects the court’s plans, I believe next week’s Patentgate hearing will indeed be held, and it could become deeply embarrassing for Samsung and its lawyers.”

Read more in the full article here.

MacDailyNews Take: Samsung is a thoroughly despicable outfit.

Related articles:
Apple lawyer on Samsung scandal: ‘I’m old enough not to believe in coincidences anymore’ – October 5, 2013
Sanctions loom large: Samsung may have spied on sealed Apple-Nokia documents to aid patent deals – October 3, 2013


    1. It’s a moral victory for Apple. Samsung will still export its products to consumers not living in USA. Apple’s only alternative will be to compete globally with Samsung based on product value and performance. With past history as a guide there are tens of millions of consumers willing to purchase Samsung’s offerings. I don’t see Apple making a dent in this population.

      1. Apple has already made a very profitable dent. What’s great about iOS products is that they make Apple money and introduce customers to Apple’s ecosystem. Even second hand iOS devices do this!

        Likewise, Apple has historically never cared about market share. They never dominated the PC market, ever but look what they do and do so well!

        Samsung will be those companies like Google that rely on constant mass saturation, invasion of your privacy, and manipulating laws to survive. There is no ecosystem and marginal profit to gain.

    2. It is obvious. Judge Koh has a strong bias in favor of Samsung and against Apple. She has manipulated a Jury decision that Samsung “willfully” infringed on Apple patents and bought Samsung a lot of time, which is in the Tech industry equates to a lot of money and profits. To add insult to injury Judge Koh reduced Apple’s award from 1.05 billion to 600 million even though the offenses were willful and now we know also probably criminal. She probably should have trebled the damages.

      Judge Koh has demonstrated a clear bias in favor of a Korean company and against Apple and American Company. She might still have family back in Korea and might fear the wrath of Samsung back home where Samsung virtually rules the place. She should recluse herself from further involvement from this case and further Samsung- Apple litigation.

  1. 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.

    1. Welcome to South Korea. Samsung is so use to getting it’s own way, not held accountable in any meaningful way for it’s law breaking actions within Korea (and they are many!), that it’s leadership projects this callousness worldwide.

      Yet people continue to buy their products!!!!

    2. and we thought that Microsoft were bad. How scary would it be to think that Samsung would have the power and market domination that MS once had. Actually though unlikely as China more than we in the West wont tolerate that, it is not otherwise impossible to imagine. May be South Korean but close to be North Korea of the tech world if it is not thwarted.

  2. What’s so inexcusable. While evidence of Samsung’s wrong doing is plainly obvious in copying Apple. It takes a stupid knife in Apple’s back, with Samsung still holding it. For any of this, to remotely right it self. Somehow I don’t trust this will end correctly and Samsung is still going to get away with it.

  3. To the Court they’ve shown contempt: Bona fides, they’ve lost it. Credibility, they’ve lost it. (WP) In law, bona fides denotes the mental and moral states of honesty and conviction regarding either the truth or the falsity of a proposition, or of a body of opinion; likewise regarding either the rectitude or the depravity of a line of conduct. As a legal concept bona fides is especially important in matters of equity (see Contract).

  4. Pointless to battle samsung as they’ve already earned billions and billions using apple’s patents. They may have to pay a few million or 1 billion but the amount they’ve benefited versus the amount they have to pay is ridiculous.

    Getting old phones that nobody buys or no longer sold isn’t a victory.
    Samsung might look bad for netizens(tech pundits) but in general, people have no idea what Samsung has been doing. All they care is whoever creates the biggest screen is the one that innovates.

    The good thing is that samsung’s wrongdoings is being noted by their partners(clients) and investors.

  5. I saw the retooled commercial for the Samsung watches last night on TV. When they proudly showoff the interface for the darned thing, it’s so obvious a ripoff of the one on the watch-sized iPod nano that Apple came out with a few years back.

    Samsung = Oriental Scum

  6. You can fck your mother and get away with it Samsung!
    You can fck your dog and get away with it Samsung!
    You can fck Apple and get away with it Samsung!
    BUT you can’t fck the court and get away with it Samsung.

    Serial recidivist hardened criminal Samsung is about to find out what fcking the Court is like.
    The $500 million fine will look like chicken feed when the new trial is ended – I hope that the judge sets a fine of $10 Billion or 50% of yearly world wide income (not profit) as a punishment for fcking the court! And immediate settlement! Samsung has had years of easy riding.

    And the lawyers (Quinn Emmanuel) debarred for one year!

    A lot of hurt for a lot of people.

    If that doesn’t occur then USA is fcked — say good bye to USA then!

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