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Authored by: Anonymous on Friday, January 25 2013 @ 12:31 PM EST |
Of course, a troll.
No, making what I assumed was an obvious point. Do you know
how Samsung would've won this motion? If it had been
granted. It takes a certain perspective to translate this
order into a win for Samsung.
Samsung wanted something, and they didn't get it. Ergo, they
lost. Apple gets to fight discovery under a less liberal
system, and provided that the Japanese tribunal provides any
reasoning for not allowing it other than "we don't allow any
discovery, ever" a renewed motion for discovery here might
not be looked upon very favorably. Moreover, (to use the old
maxim) justice delayed is justice denied, and to the extent
that Apple is buying time, they are winning in that aspect
as well (should the Japanese tribunal rule on other issues
prior to this Court ruling on discovery issues, it becomes
moot, not to mention the possibility of settlement).
But yes, they can re-ask. I have just never seen a motion
denied without prejudice characterized as a "win win"
before.
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