A judge has found that Samsung violated a court ordered agreement as to the secrecy of Apple documentation filed on the case. This is the latest issue in the unfolding saga between the two technology firms on patent infringement and other associated legal matters.
Judge Paul Grewal had sought to look over the documents himself last month. Now after describing the ordeal of 'having finally crawled put from under the boxes', he declared that the order issued was breached. He said, "Sanctions against Samsung and its attorneys are warranted.'
Apple had provided Samsung copies of confidential patent licensing agreements with Nokia, Ericsson, Sharp and Philips as part of the case's discovery process. Alongside the delivery of the documents was the institution of a protective order saying the information may only be used by litigation counsel in the context of the patent infringement case.
Apple alleged that Samsung utilized the information to obtain a competitive advantage in the market. It further alleged that Samsung leaked the documents to nearly 90 Samsung employees and 130 unauthorized lawyers. In its defense, Samsung admitted the proper protocol was not followed but said it was an 'inadvertent disclosure that we deeply regret.'
Apple's petition for sanctions was seconded by Nokia. According to Nokia's Chief Intellectual Property Officer Paul Melin said Samsung executive Dr. Seungho Ahn had tried to use the Nokia-Apple licensing agreement as a negotiating tool for beneficial ends during discussions towards a Nokia-Samsung agreement. Dr. Ahn told Melin that all the information they had were 'leaks' received by the South Korean conglomerate.
Judge Grewal then asked Apple and Nokia to provide a comment as to possible penalties to be imposed on Samsung. Likewise, he asked Samsung to submit an official explanation and position paper on the matter. The next hearing would be held on December 9.
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