We're still awaiting one key post-trial order in the Apple v. Samsung case, which will determine whether the giant $1.05 billion damages bill that a jury slapped Samsung with will go up (Apple's preference, obviously) or down (as Samsung wants). Last month, US District Judge Lucy Koh issued an order denying Apple an injunction and at the key post-trial hearing, Koh pursued lines of questioning that could result in lower damages.
We don't know the answer to the damages question yet, but we may find out soon. The flurry of orders coming from Koh's office continued this week, with Koh ruling on two minor but still significant points:
- Yesterday, Koh issued two orders regarding sealed documents. Specifically, the orders are about documents sealed during trial, which contain "confidential and proprietary per-product revenue, pricing, and cost information” for Samsung phones. Samsung wants to keep this information secret, but Koh has generally ruled against the company.
- Some of Samsung's information will remain sealed while Samsung takes the issue to an appeals court, including per-unit operating profits for particular phones. Other data—in particular, raw sales figures for units sold—will have to be unsealed immediately.
- Today, Koh reprimanded both parties for blowing off the page limits Koh had set for post-trial briefs. Throughout this litigation, both parties have made their cases in voluminous filings that Koh has often complained are repetitive and unnecessary. Today she wrote: "Both parties submitted a large amount of documentation with their post- trial motions, much of which was either not cited at all in the briefing or cited in only a conclusory manner, such that the arguments contained in the supporting documentation were not articulated within the briefing page limits." Her order strikes 10 documents from the record, in whole or in part. Koh said in the order that she has not relied on those documents for anything in her post-trial orders.
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