From Florian Mueller’s patent blog:

Three months ago I saw a filing by Nokia that related to some discussions with Samsung considered so secretive that it wanted even the very title of a document to be sealed. It was clear that Nokia and Samsung were talking about something that also related somehow to the 2011 Nokia-Apple settlement, about the terms of which nothing was known except that Apple described it, at a very high level, as “merely a ‘provisional license’ for a limited ‘standstill’ period”. One could figure that Nokia and Samsung wouldn’t talk about some other patent agreement without talking about some sort of patent deal between them — a license or an outright purchase.

On Wednesday evening local time, Magistrate Judge Paul S. Grewal of the United States District Court for the Northern District of California, whose writing style is well-liked by various patent litigation watchers including me, entered an order that finally sheds light on this. The order came down after a hearing held yesterday on a request by Apple (and possibly also one by Nokia) for sanctions against Samsung (and/or its outside counsel) for violation of a protective order, i.e., for illegal disclosure of (in this case, extremely) confidential business information.

I must say that I’m shocked.

The big question here is this:

So how did Samsung’s executives get access to contracts that were meant to be used only by its outside counsel (marked as “Highly Confidential — Attorneys’ Eyes Only”) for the purposes of litigation with Apple and absolutely positively not for the pupose of gaining unfair advantages in licensing negotiations with anyone (not with Apple, and much less with third parties like Nokia), when such disclosure would constitute an unbelievably serious violation of court rules?

It will be interesting to see how this plays out. These are pretty serious accusations.