Apple, Google, and five other companies must face lawsuit over no-poaching agreements

Late last week we told you that the U.S. Justice Department apparently had evidence that Apple, along along with Google, Adobe, Intuit, Pixar, Intel, and Lucasfilms, entered “no-poach” agreements as part of an antitrust investigation from 2010. U.S. District Judge Lucy H Koh made a statement yesterday at the U.S. District Court in San Jose, Calif., confirming the companies must face a lawsuit. According to the report from Bloomberg, Koh said she would allow plaintiffs to re-file their complaint even if an initial request by the defendants to dismiss the claims is granted.  

Judge Koh’s decision yesterday will result in Google and the other companies having to provide a detailed account of the agreements made with other companies. They must also allow lawyers to take depositions. One lawyer representing the plaintiffs, Joseph Saveri, said, “We get to see what really happened,” claiming the case could result in hundreds of millions of dollars in damages. Google provided statements to Bloomberg claiming they have “always actively and aggressively recruited top talent,” while the others have declined to comment.
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Samsung requests Apple reveal terms of Qualcomm partnership, might reveal next LTE chips

Samsung made a formal request with the U.S. District Court in California for Apple to reveal the intricacies of its contract with wireless chipmaker Qualcomm, who currently supplies chips for the iPhone 4S, CDMA iPhone 4, and iPad 2. Qualcomm is currently in a cross licensing agreement with Samsung, bringing up the question of whether “Apple’s buying Qualcomm chips is as good as paying for the patents.” The documents could potentially reveal Apple’s plans to move to Qualcomm LTE chips in future iOS devices.

Specifically, Samsung defense lawyer Dylan Ruga wants to know if Apple is considered a “Qualcomm Customer,” a term that is “defined in certain licensing agreements between Samsung and Qualcomm.” The request was discovered in court documents by Korea Times and later confirmed by Samsung Electronics spokesperson Lim Yoon-jeong. Korea Times reported:

Samsung Electronics is alleging that Apple has infringed on Samsung-owned patents that relate to technology embodied in chipsets used in Apple’s iPhones and iPads. The documents are expected to determine whether Apple is in fact a direct customer of Qualcomm — and potentially immune from Samsung’s suits — or whether it purchased its chips through an intermediary.

Here is an excerpt from the document that has not been released by the courts: Read more