Apple vs. Samsung: Apple Must Disclose Sensitive Financial Data


Judge Lucy Koh denied Apple’s request to seal its financial data, but since certain earnings and profit numbers are pending federal court appeal she agreed to a temporary stay on the ruling.

Apple vs. Samsung

Apple requested Judge Lucy Koh to seal documents related to a declaration by an expert witness. The recent document includes part of the unit sales and revenue information for each product. Apple produced the document to justify its damage calculations, as part of its post-trial motions. The order partly granted and partly denied Apple’s motion.

Judge Lucy Koh says Apple needs to produce these documents if it wants to justify its enhancement of more than $500 million on top of the $1 billion ruling awarded back in August.

“As Apple appears to have realized in introducing that exhibit, it cannot both use its financial data to seek multi-billion dollar damages and insist on keeping it secret,” Judge Koh wrote in her order. “The public’s interest in accessing Apple’s financial information is now perhaps even greater than it was at trial.”

As she points out, Apple’s motion lacks arguments as to why it needs the financial information sealed, or why the information should be classified as a “trade secret”.

The Federal Circuit granted a stay to Apple, yet Judge Lucy Koh stated that her former order to deny the sealing request was correct, noting “unit sales, revenue, profit, profit margin, and cost data do not meet the ‘compelling reasons’ standard.”.

[Via The Telegraph]


  • Apple might have gotten a little greedy here. This whole thing could cost them more than they gain from Samsung. They already legitimized Samsung as a threat (you don’t sue companies that don’t threaten you in some way), inadvertently promoted them in the trial (no such thing as bad publicity), and there is building resentment and “iHate” out there. While there are no shortage of estimates of Apple’s profit margins on iPhones, revealing the actuals might be the straw that breaks the camel’s back.

    Or it might spur Apple’s stock to increase when people realize how much profit they make and how undervalued the stock is now.

    Either way, if I were Apple, I would try to put the back in this bottle ASAP. You made your point – settle this beef, take your money, arrange some cross licensing, and move on.