“Judge Lucy Koh of the United States District Court for the Northern District of California has granted an Apple motion for relief from a non-dispositive order by Magistrate Judge Nathaniel Cousins, who imposed sanctions on Apple for failure to timely provide documents sought by Qualcomm in its defense against the Federal Trade Commission’s antitrust lawsuit,” Florian Mueller writes for FOSS Patents.
“The matter is remanded to Magistrate Judge Cousins because Judge Koh found it legally erroneous that he based his sanctions order on Apple on a procedural rule that applies to parties, while Apple is technically a non-party to the FTC-Qualcomm case,” Mueller writes. “As Judge Koh notes, Apple has its own antitrust litigation against Qualcomm pending, but that’s a different case (even in a different district, though that’s not a requirement for Apple to be a non-party to FTC v. Qualcomm).”
“Apple could still be sanctioned, but in order to do so, Magistrate Judge Cousins would have to come up with a legal theory that applies to non-parties,” Mueller writes. “He could now just find that there is no legal basis to treat a non-party so harshly, in which case Apple’s appeal to Judge Koh would have succeeded (though Qualcomm might still pursue sanctions in that case, but with a greatly diminished likelihood of success). There’s a good chance that things will end that way.”
Read more in the full article here.
MacDailyNews Take: Hey, even Lucy can get some things right from time to time!
Apple gets support from Lawyers for Civil Justice in fight against discovery sanctions – February 1, 2018
Apple sanctioned in Qualcomm FTC case for withholding documents – December 22, 2017
EU fines chipmaker Qualcomm $1.2 billion for paying Apple to shut out rivals’ chips – January 24, 2018
Apple countersues Qualcomm for patent infringement – November 29, 2017
Apple designing next-gen iPhones, iPads that would dump Qualcomm components – October 31, 2017
Qualcomm faces long odds in attempt to get ban of iPhone sales and manufacturing in China – October 17, 2017
Qualcomm files lawsuits seeking China iPhone ban, escalating Apple legal fight – October 13, 2017
Qualcomm fined record $773 million in Taiwan antitrust probe – October 11, 2017
Apple faces down Qualcomm, Ericsson over EU patent fees – October 2, 2017
Qualcomm loses two key rulings in its patent royalty fight with Apple – September 21, 2017
Apple’s A11 Bionic obliterates top chips from Qualcomm, Samsung and Huawei – September 18, 2017
U.S. judge rules Apple lawsuits against Qualcomm can proceed – September 8, 2017
Qualcomm CEO expects out of court settlement with Apple – July 18, 2017
Apple-Qualcomm legal dispute likely to be ‘long and ugly’ – July 7, 2017
Qualcomm wants court to block Apple from U.S. iPhone imports and sales – July 6, 2017
Judge rules U.S. FTC antitrust lawsuit against Qualcomm to proceed – June 27, 2017
Apple uses Supreme Court decision to escalate war against Qualcomm – June 20, 2017
Apple’s amended San Diego complaint against Qualcomm leaves no doubt: many billions at stake – June 20, 2017
This is the same Judge Koh that worked the Samsung case?
More apt to say, “This is the same Florian Muller that worked the Samsung case and took money from Samsung by demonizing Apple in the press”.
Florian Muller is a lying piece of garbage.
It apparently isn’t just in “Apple’s home country” where men treat women as if they weren’t human beings entitled to be treated with dignity.
If women are to be treated the same as men in the workplace and society in general, then a woman should be treated with respect only IF she EARNS it. No woman should be granted “dignity” just because of her gender, nor should any man for that matter. Should Aileen Wuornos of serial killer fame be granted respect, honor, and dignity solely because of her gender? Of course not. Nor should Ted Bundy because of his “male whiteness.” Judge Koh is available for evaluation because of her beliefs and actions, completely irrespective of her sex. Neither she–nor any male counterpart–gets a free pass in the court of public opinion. No apologies needed here. Full stop.
Judge Koh is just as liable to criticism as any man, and should be. She is rather more liable to being called by the “c-word,” and should not be. Would you find it acceptable for someone who doesn’t know your wife or daughter to tell her that she is nothing more than her private parts?
The office of United States District Judge is entitled to some level of human respect, just like the office of the Presidency. If you disagree with them, you can tell us why without using obscenities. The breakdown of civility in this nation is making it increasingly ungovernable.
I sort of disagree with you TxUser, those citizens from Apple’s home nation are for the most part treated with courtesy and respect, from their fellow citizens. They have that nice constitution to protect them.
Name calling is one thing, I certainly get my share of that here, but it is a far cry from holding people indefinitely without trial and torturing them. That’s a lack of respect towards humanity and when a nation does that that, respect for the government goes right down the toilet.
Your government shows no respect for others, so it should come as no surprise that folks don’t have any respect for your stars and skidmarks of a country.
In other words, you are using sticks and stones to break bones, whine if you will about those who use words but it’s not on the same level as to the torture state your now pathetic nation has become.
It is the same Judge Koh.
Looks like Magistrate Judge Cousins needs to go back to law school getting stuff like this wrong – trying to apply the wrong party circumstance. No wonder our court system sucks – too many incompetent (yet egotistical with little to show for it) and lazy judges!
And then they rise up to the USSC: USSC Justice Gorsuch. At least he’s an Apple enthusiast like Limbaugh. Limbaugh is actually a fanatic; He gives away iPhones to random callers.
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