eDiscovery Daily Blog

Samsung Doesn’t Have to Write a Check After All…Yet: eDiscovery Case Law

A couple of weeks ago, we revisited the Apple v. Samsung case, which we covered so much last year, it had its own category in our four part annual case law review.  On September 18, U.S. District Court Judge Lucy Koh granted Apple’s motion for partial final judgment in the case that Apple lodged against Samsung in 2011, seemingly clearing the way for Apple to collect $548 million in damages from Samsung.  But, on Friday, Samsung received an emergency stay on that order.

According to Law 360 (subscription required), on Friday, the Federal Circuit on Friday granted a temporary stay of the judgment’s enforcement, after Samsung argued Sept. 21 in a notice of appeal that the appeals court’s mandate did not require immediate payment.

Samsung also moved for approval of a supersedeas bond in the amount of $600 million to secure payment of the judgment and asked for a temporary, 10-day stay of execution of the judgment to ensure that there is time to implement any changes to the bond the judge may require.  Samsung had argued in its emergency motion that the judgment shouldn’t have been entered, or that the appeals court should approve the supersedeas bond it put up in district court, according to filings in the case.

In a response brief that at times got a bit spicy, Apple retorted that the Federal Circuit’s May ruling affirming the $548 million judgment “made plain” that Samsung doesn’t deserve further delay, and urged the court to ignore Samsung’s efforts to “block the court from performing the most ministerial of tasks,” according to its filing.  “Apple does not file this motion lightly, but Samsung’s appeal truly is beyond the pale,” Apple argued in its response. “It should be brought to a swift end, rather than serve Samsung’s goals of imposing greater cost and delay on the court and Apple.”

Apple has won several battles with Samsung, including ultimately being awarded over $1 billion in verdicts (ultimately reduced to the current $548 million), as well as a $2 million sanction for the inadvertent disclosure of its outside counsel firm (Quinn Emanuel Urquhart & Sullivan LLP) commonly known as “patentgate”, but ultimately may have lost the war when the court refused to ban Samsung from selling products that were found to have infringed on Apple products (that is still being disputed in the courts, too).  This case has also had disputes over eDiscovery cost reimbursement and an adverse inference sanction for Samsung for failing to turn off “auto-delete” of emails after the case began.  And, clearly, there is more yet to come.

So, what do you think?  Have you been following Apple v. Samsung?    Will it ever end?  Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.