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Authored by: PJ on Thursday, January 24 2013 @ 09:43 PM EST |
Nah. Samsung will tell the Japanese court that
the US court told them to ask the Japanese court.
Samsung can't lose, I don't think, one way
or the other. Where there's a negative, it
is that in Japan, to hear Samsung tell it, there
is no such thing as discovery. You have to know
what you want and tell them why. You can't "discover",
so if Samsung has a hint of something but can't
prove it, it could be a problem.[ Reply to This | Parent | # ]
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Authored by: tknarr on Friday, January 25 2013 @ 03:14 PM EST |
I think Samsung's argument is that while they may be entitled to the
discovery in a Japanese court, the Japanese court's rules don't allow that court
to order a foreign party to release the information. All they're allowed
to do is ask the party to give it up voluntarily, and if the foreign party says
"No." the court can't do anything.
What Samsung needs is a statement from
the Japanese court that they're entitled to the discovery, but that the court
lacks jurisdiction to order Apple to comply. Then they can go back to the US
court and say "The Japanese say we're entitled, we need a US court to rule that
Apple's required to comply with the Japanese court's ruling.". [ Reply to This | Parent | # ]
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