Samsung Loses A Bid To Keep Sales Data Of Several Products Sealed In Apple Lawsuit

Posted Jan 2, 2013

Samsung Electronics will not be able to keep sales data on some of their products sealed in a U.S. patent dispute with Apple.  Judge Lucy Koh in San Jose denied Samsung’s request to keep the sales data secret.  Samsung is appealing a sealing order from earlier.  Apple won a $1.05 billion lawsuit against Samsung on August 24th when a jury ruled that Samsung infringed 6 Apple patents around technology and design.

Apple requested additional damages against Samsung for infringement after Apple lost a bid to block the U.S. sales of 26 Samsung devices.  However Judge Koh ruled that Apple failed to establish consumer demand for Samsung products was based on technology that they stole from Apple.  Judge Koh made a ruling on December 10th that Samsung must file an exhibit that lists the total number of units that Samsung sold during certain periods of time.

Samsung delayed the implementation of the order until an appeal was heard by the Federal Circuit court.  “Samsung?s appeal involves pricing information and profit margins,” stated Koh.  The exhibit that is at issue “only lists the number of units sold in each of several recent months.”

Yesterday Judge Koh granted Samsung’s request to delay the publication of a document that shows the per-unit operating profit for two Samsung phones pending an appeal.  Judge Koh denied most other requests to seal documents from Apple and Samsung.  Judge Koh said that there was a lack of a “compelling reason” that requires a sealing.

The case was filed as: Apple Inc. (AAPL) v Samsung Electronics Co. Ltd., 11- cv-01846, U.S. District Court, Northern District of California (San Jose).