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News & Events > 2004 News Releases > July 8 |
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2004 News Releases "FOR IMMEDIATE RELEASE" Court Imposes Sanctions Against Samsung in MOSAID Patent Lawsuit OTTAWA, Ontario, Canada – July 8, 2004 – MOSAID Technologies Incorporated (TSX:MSD) today announced that Magistrate Judge Hedges has imposed several sanctions against Samsung in its lawsuit with MOSAID Technologies Incorporated. MOSAID filed a motion on April 6, 2004 in the New Jersey District Court requesting a number of sanctions against Samsung for its failure to deliver certain documentation to MOSAID in the discovery phase of the case, as required by law, and for its destruction of email evidence related to the case. On May 10, May 19, and July 1, 2004, hearings were held in the New Jersey District Court to consider MOSAID's motion. On July 8, 2004 Judge Hedges issued his ruling confirming the imposition of the following sanctions requested by MOSAID against Samsung:
For a copy of the Court's Order and Opinion, together with MOSAID's Motion, click here. "We believe this ruling largely vindicates MOSAID's efforts to secure proper discovery in this case," said Jim Skippen, Senior Vice President and General Counsel for MOSAID. "Part of Samsung's strategy seems to have been to unfairly delay and bias the case outcome by either withholding or destroying critical documents. The Court obviously agreed with MOSAID in granting these significant sanctions since in Judge Hedges Order he writes, when referring to Samsung's destruction of emails: 'The prejudice resulting from complete and total email spoliation seems particularly obvious… the fact that no technical emails were preserved… demonstrates, at the least, extremely reckless behaviour.'" "The sanctions Order delivered today is a means to address, both financially and through prescribed ongoing actions, the harm done through Samsung's actions," said George Cwynar, President and Chief Executive Officer for MOSAID. "We are pleased with this Order and believe that it is the result of consistent, longstanding efforts by our legal team." About MOSAID
Founded in 1975, MOSAID is based in Ottawa, Ontario, Canada, with offices in Santa Clara, California; Newcastle upon Tyne, U.K; and Tokyo, Japan. For more information, visit the Company’s web site at www.mosaid.com. Forward Looking Information For more information, please contact:
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