In a recent court filing, Samsung revealed that Apple publicly disclosed details of its patent licensing terms with Nokia as well as NCES on the PACER electronic court records system, while at the same time seeking damages from the Korean tech giant for leaking that very information.
The Cupertino California company in October brought motion against Samsung as part of the original Apple vs. Samsung California patent trial when it came to light that the South Korean company’s counsel inadvertently disseminated sensitive patent licensing information to Samsung executives. Apple and Nokia continue to argue the information was used by Samsung to get a leg up on competitors, though the allegations weren’t adequately proven.
According to a Samsung motion to compel, it appears Apple itself had published documents on October 10, 2013, containing those exact terms to the Internet, leaving them there for four months before they were redacted.
Apple's and Nokia's scorched-earth approach to Samsung's inadvertent disclosure, and the amount of the concomitant fees Apple and Nokia incurred in pursuing those efforts, must be juxtaposed against the fact that Apple had simultaneously posted (and Nokia neglected to notice) this information on the Internet for all the world to see. The fee award should be reduced accordingly.
With the motion to compel, Quinn Emmanuel’s endgame is to reduce fees associated with the court’s sanctions over the alleged leak. Further, Samsung may turn the tables by sanctioning Apple, depending on what new information comes to light. The motion claims Apple inadvertently filed, on two separate subsequent occasions, additional documents containing licensing terms with Samsung and Google.
We’ll have to wait and see what happens son as the court has scheduled a hearing for April 8 to discuss the issue.
Source: FOSS Patents