updated 08:09 pm EDT, Wed October 10, 2012
Documents used in Apple versus Samsung patent trial
Motorola Mobility has asked Magistrate Judge Paul Grewal of the US District Court for the Northern District of California to seal "highly confidential" records of patent negotiations with Samsung. The summary of a licensing negotiation between Motorola and Samsung in 2000 was used in the Apple versus Samsung trial held in August to defend Samsung witnesses against Apple deposition.
The document reveals a "pattern of financial offers" between Samsung and Motorola Mobility during the negotiations and possibly reveals license rates, payment amounts, names of licensed products, technology dealings, and the geographical areas affected by the deal. The information is classified and sensitive because Motorola believes other companies could use it to gain leverage in current negotiations or legal cases with Motorola, despite the document being nearly 13 years old.
Before the patent trial began, Judge Koh also signaled her intention to make all exhibits from both companies public, including design and marketing documents both had asked to keep secret. She said she would seal only "some third-party source code," and said that "it appears that the parties have overdesignated confidential documents, and are seeking to seal information that is not truly sealable." The magistrate judge, and Judge Koh's intention for this licensing document involving Motorola is unclear.