Federal Circuit Won’t Decide If Documents Are Privileged In Samsung Patent Case

Mealey's (June 6, 2016, 1:23 PM EDT) -- WASHINGTON, D.C. — In a June 1 per curiam opinion, the Federal Circuit U.S. Circuit of Appeals held sua sponte that it did not have jurisdiction to consider whether certain documents submitted by Samsung Electronics Co. Ltd. in post-judgment proceedings in a long-running patent dispute with Apple Inc. are privileged and not subject to disclosure, holding that, per 28 U.S. Code Section 1295(a)(1), it cannot “review disclosure orders implicating attorney-client privilege” without “a final decision” (Apple Inc. v. Nokia Corp. v. Samsung Electronics Co., Ltd., et al., No. 2015-1857, Fed. Cir.)....