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Samsung Loses Bid to Seal Sales Data in Apple Dispute

January 01, 2013

Samsung Loses Bid to Seal Sales Data in U.S. Apple Dispute

A Samsung Electronics Co. Galaxy S III smartphone, top, and a Galaxy Nexus smartphone, are arranged for a photograph next to the Apple Inc. logo. Photographer: SeongJoon Cho/Bloomberg

Samsung Electronics Co. (005930) lost a bid to keep sales data of some of its products sealed in a U.S. patent dispute with Apple Inc.

U.S. District Judge Lucy Koh in San Jose yesterday denied Samsung’s request to keep the sales figures secret while the company appeals an earlier sealing order.

Apple won a $1.05 billion award Aug. 24 after a jury found Samsung infringed six Apple patents on technology used in Samsung phones and devices. Apple is awaiting a decision from Koh on its request for additional damages against Samsung for infringement after the iPhone maker lost its bid to block U.S. sales on 26 of the Galaxy maker’s devices. Apple failed to establish that consumer demand for Samsung products was driven by technology it stole, Koh ruled.

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.

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

To contact the reporter on this story: Joe Schneider in Sydney at jschneider5@bloomberg.net

To contact the editor responsible for this story: Douglas Wong at dwong19@bloomberg.net


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