Samsung only agreed to hand over the details of when they
misconduct reluctantly (after confirming it
wouldn't be considered waiver of
privilege), and under
threats from Apple .
Apple may be trying to argue
that Samsung volunteered this
information when they weren't compelled to, since
implies that Apple shouldn't have to disclose that
they clearly don't want to)
It seems something
Apple: "Tell us when you found out"
Samsung: "We'd rather not unless there's a good
Apple: "If you don't, we'll tell the court that you
won't comply and
ask them to compel you"
Samsung: "Oh okay, here it is, we
have nothing to
... time passes ...
Samsung: "Tell us when you found out then Apple"
Samsung: "But you said we had to tell
you, so you
should have to tell us."
Apple: "You didn't
actually have to tell us,
so we don't have to tell
IANAL - possibly wrong
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