Samsung Penalized For Withholding Source Code From Apple

Magistrate Judge Paul S. Grewal of the United States District Court for the Northern District of California has ordered 'preclusive sanctions' against Samsung for inexcusably violating a court order to deliver source code to Apple's lawyers, according to FOSS Patents.

Samsung had a December 31 deadline to produce source code for its work around to U.S. Patent No. 7,469,381 ("overscroll bounce" patent, described by Apple as a "rubber-banding effect when over-scrolling"). The company did not provide this until January 23, 2012. Samsung was also to provide source code for its design around U.S. Patent No. 7,853,891 (timed window) and the U.S. Patent No. 7,864,163 (tap to zoom and navigate). It did not provide this source code until March 10 and 12, 2012 - after the close of fact discovery.

Since Samsung did not provide the source code on time they are precluded from presenting evidence at trial concerning the "design-around" code.


According to FOSS Patents this has important implications.

The order notes that "by their very nature design-arounds impact key questions of liability, damages, and injunctive relief". In other words, Samsung may have to assume liability for continued use of old, possibly infringing code because the new, possibly non-infringing code wasn't shown in time.

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