Commissariat A L'Energie Atomique v. Samsung Electronics Co., Ltd., No. 03-484-KAJ, Apr. 18, 2006.
Jordan, J. Redacted opinion regarding Defendants’ motion to disclose material designated as highly confidential pursuant to the protective order to defendants. The motion was granted.
The patents-in-suit relate to liquid crystal display technology. The parties are rivals in a competitive global market for LCDs. Defendants seek permission to disclose a brief, 7-point summary of key elements relating to licensing arrangements for plaintiff’s patented technology. Defendants dispute the summary contains confidential information, and need the disclosure to discuss potential patent misuse defense. Misuse defense is not frivolous on its face. The court is doubtful how a misuse defense will be framed based on plaintiff choosing to exercise its licensing power to favor one licensee.
