In December Judge Koh told Samsung that they had to provide sales figures as part of their appeal of the $10 billion judgement against them in the case with Apple. Samsung wanted to keep these data secret, for pretty obvious reasons, but Judge Koh disagreed. Ouch.
Since part of the penalty Samsung is facing is based on the financial damage to Apple, Samsung needed to pony up how many devices it shipped and sold during the infringing period. Fair enough. Samsung, however, didn’t want the whole world to see the data, only the courts. So they filed an appeal and asked if in the interim the data could be sealed. Nope.
Koh ruled on Dec. 10 that Samsung must file an exhibit which lists the total number of units of certain Samsung products sold during certain time periods, the judge wrote in yesterday’s order without providing further details. Samsung sought to delay the implementation of the order until its appeal is heard by the Federal Circuit court.
“Samsung’s appeal involves pricing information and profit margins,” Koh wrote. The exhibit at issue “only lists the number of units sold in each of several recent months.”
In a separate order yesterday, Koh granted Samsung’s request to delay the publication of a part of a document showing per-unit operating profit for two Samsung phones, pending an appeal. The judge denied most other requests to seal documents from both Apple and Samsung, saying there was a lack of a “compelling reason” that would require their sealing.
I wonder what the long-term effect of this whole suit will be. I’m sure many precedents are being set for future patent infringement cases, but in the short term we’re going to be getting a peek into Samsung’s sales data.
Scales of Justice by mikecogh from Flickr.