Preview
FILED: NEW YORK COUNTY CLERK 03/18/2024 04:15 PM INDEX NO. 656312/2022
NYSCEF DOC. NO. 267 RECEIVED NYSCEF: 03/18/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
SAMSUNG ELECTRONICS CO., LTD.,
Index No. 656312/2022
Plaintiff, Hon. Melissa A. Crane, J.S.C.
-against-
JUDGMENT
MPEG LA, L.L.C.,
Defendant.
JUDGMENT
ADJUDGED that Samsung’s Motion For Summary Judgment is granted, and MPEG
LA’s Cross-Motion For Summary Judgment is denied with respect to Samsung’s cause of action
for breach of contract and granted without prejudice with respect to Samsung’s cause of action
for breach of the covenant of good faith and fair dealing, which is deemed moot in light of the
disposition of Samsung’s cause of action for breach of contract, for the reasons stated in the
Decision + Order on Motion (NYSCEF Dkt. No. 246), as well as those expressed on the record
at oral argument (NYSCEF Dkt. Nos. 261, 262);
ADJUDGED that Plaintiff, Samsung Electronics Co., Ltd., 129 Samsung-ro Yeongtong-
gu Suwon-si, Gyeonggi-do, 16677 Republic of Korea, shall have judgment and recover against
Defendant, MPEG LA, L.L.C., 8101 E Prentice Ave Suite 900 Greenwood Village, CO 80111,
with respect to its breach of contract claim in the amount of:
1. $15,736,790.38 to Samsung for royalties the parties agree are due upon a finding
of liability;
2. $1,177,475.83 to Samsung for royalties withheld for the Enforcement Expenses
Fund;
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FILED: NEW YORK COUNTY CLERK 03/18/2024 04:15 PM INDEX NO. 656312/2022
NYSCEF DOC. NO. 267 RECEIVED NYSCEF: 03/18/2024
3. Prejudgment interest to Samsung on the foregoing amounts to be calculated by the
Clerk of Court pursuant to CPLR § 5001 et. seq. on the following basis:
a. For $4,027.62 of the total damages, prejudgment interest running from
November 18, 2020 in the amount of $_________________,
b. For $2,909,655.96 of the total damages, prejudgment interest running
from February 17, 2021 in the amount of $_________________,
c. For $1,537,703.17 of the total damages, prejudgment interest running
from May 19, 2021 in the amount of $_________________,
d. For $186,652.80 of the total damages, prejudgment interest running from
August 18, 2021 in the amount of $_________________,
e. For $1,993,368.89 of the total damages, prejudgment interest running
from November 17, 2021 in the amount of $_________________,
f. For $2,654,049.77 of the total damages, prejudgment interest running
from February 16, 2022 in the amount of $_________________,
g. For $366,565.68 of the total damages, prejudgment interest running from
May 18, 2022 in the amount of $_________________,
h. For $377,529.02 of the total damages, prejudgment interest running from
August 17, 2022 in the amount of $_________________,
i. For $1,722,464.14 of the total damages, prejudgment interest running
from November 16, 2022 in the amount of $_________________,
j. For $2,549,489.20 of the total damages, prejudgment interest running
from February 15, 2023 in the amount of $_________________,
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FILED: NEW YORK COUNTY CLERK 03/18/2024 04:15 PM INDEX NO. 656312/2022
NYSCEF DOC. NO. 267 RECEIVED NYSCEF: 03/18/2024
k. For $1,065,302.63 of the total damages, prejudgment interest running
from May 17, 2023 in the amount of $_________________,
l. For $114,591.87 of the total damages, prejudgment interest running from
August 16, 2023 in the amount of $_________________,
m. For $1,432,865.46 of the total damages, prejudgment interest running
from November 15, 2023 in the amount of $_________________,
4. Plus costs under CPLR 8101 and disbursements permitted by CPLR 8301(a), in
the amount of $400, for a total judgment of $___________________________;
And Samsung Electronics Co., Ltd. shall have execution hereon.
ADJUDGED that MPEG LA shall pay Samsung the full share of its royalties, without
regard to the June 23, 2020 purported amendment to Section 7.2.2 of the AAL and without
deducting amounts for the Enforcement Expense Fund, on a going-forward basis, and that if
MPEG LA fails to do so this Court retains jurisdiction to increase the judgment above;
ADJUDGED that MPEG LA shall pay $5,026,031.21 plus prejudgment interest to the
dual licensees to whom the funds referenced in NYSCEF Dkt. No. 118, column H of the row
titled “Post-Allocation Rerouted at Licensor’s Direction,” would have been rerouted, pursuant to
the same formula and mechanisms by which such parties would have received these amounts as
refund payments if there had been no June 23, 2020 purported amendment to Section 7.2.2 of the
AAL. MPEG LA shall indemnify Samsung from any claim for unpaid amounts of funds
referenced in NYSCEF Dkt. No. 118, column H of the row titled “Post-Allocation Rerouted at
Licensor’s Direction” from the parties who would have received these amounts as refund
payments if there had been no June 23, 2020 purported amendment to Section 7.2.2. of the AAL;
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FILED: NEW YORK COUNTY CLERK 03/18/2024 04:15 PM INDEX NO. 656312/2022
NYSCEF DOC. NO. 267 RECEIVED NYSCEF: 03/18/2024
ADJUDGED that, upon MPEG LA’s securing and posting an undertaking in the amount
of $25,278,415.93, execution on this judgment is stayed pending final appeal;
ADJUDGED that, upon the Court’s signing of this judgment, the judgment in this matter
previously signed on January 8, 2024 is vacated;
ADJUDGED that MPEG LA shall pay the total amount of the Judgment.
DATED:______________, 2024 __________________________
Hon. Melissa A. Crane, J.S.C.
DATED:______________, 2024 __________________________
New York County Clerk
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Preview
FILED: NEW YORK COUNTY CLERK 03/18/2024 04:15 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 267 RECEIVED NYSCEF: 03/18/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK SAMSUNG ELECTRONICS CO., LTD., Index No. 656312/2022 Plaintiff, Hon. Melissa A. Crane, J.S.C. -against- JUDGMENT MPEG LA, L.L.C., Defendant. JUDGMENT ADJUDGED that Samsung’s Motion For Summary Judgment is granted, and MPEG LA’s Cross-Motion For Summary Judgment is denied with respect to Samsung’s cause of action for breach of contract and granted without prejudice with respect to Samsung’s cause of action for breach of the covenant of good faith and fair dealing, which is deemed moot in light of the disposition of Samsung’s cause of action for breach of contract, for the reasons stated in the Decision + Order on Motion (NYSCEF Dkt. No. 246), as well as those expressed on the record at oral argument (NYSCEF Dkt. Nos. 261, 262); ADJUDGED that Plaintiff, Samsung Electronics Co., Ltd., 129 Samsung-ro Yeongtong- gu Suwon-si, Gyeonggi-do, 16677 Republic of Korea, shall have judgment and recover against Defendant, MPEG LA, L.L.C., 8101 E Prentice Ave Suite 900 Greenwood Village, CO 80111, with respect to its breach of contract claim in the amount of: 1. $15,736,790.38 to Samsung for royalties the parties agree are due upon a finding of liability; 2. $1,177,475.83 to Samsung for royalties withheld for the Enforcement Expenses Fund; 1 FILED: NEW YORK COUNTY CLERK 03/18/2024 04:15 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 267 RECEIVED NYSCEF: 03/18/2024 3. Prejudgment interest to Samsung on the foregoing amounts to be calculated by the Clerk of Court pursuant to CPLR § 5001 et. seq. on the following basis: a. For $4,027.62 of the total damages, prejudgment interest running from November 18, 2020 in the amount of $_________________, b. For $2,909,655.96 of the total damages, prejudgment interest running from February 17, 2021 in the amount of $_________________, c. For $1,537,703.17 of the total damages, prejudgment interest running from May 19, 2021 in the amount of $_________________, d. For $186,652.80 of the total damages, prejudgment interest running from August 18, 2021 in the amount of $_________________, e. For $1,993,368.89 of the total damages, prejudgment interest running from November 17, 2021 in the amount of $_________________, f. For $2,654,049.77 of the total damages, prejudgment interest running from February 16, 2022 in the amount of $_________________, g. For $366,565.68 of the total damages, prejudgment interest running from May 18, 2022 in the amount of $_________________, h. For $377,529.02 of the total damages, prejudgment interest running from August 17, 2022 in the amount of $_________________, i. For $1,722,464.14 of the total damages, prejudgment interest running from November 16, 2022 in the amount of $_________________, j. For $2,549,489.20 of the total damages, prejudgment interest running from February 15, 2023 in the amount of $_________________, 2 FILED: NEW YORK COUNTY CLERK 03/18/2024 04:15 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 267 RECEIVED NYSCEF: 03/18/2024 k. For $1,065,302.63 of the total damages, prejudgment interest running from May 17, 2023 in the amount of $_________________, l. For $114,591.87 of the total damages, prejudgment interest running from August 16, 2023 in the amount of $_________________, m. For $1,432,865.46 of the total damages, prejudgment interest running from November 15, 2023 in the amount of $_________________, 4. Plus costs under CPLR 8101 and disbursements permitted by CPLR 8301(a), in the amount of $400, for a total judgment of $___________________________; And Samsung Electronics Co., Ltd. shall have execution hereon. ADJUDGED that MPEG LA shall pay Samsung the full share of its royalties, without regard to the June 23, 2020 purported amendment to Section 7.2.2 of the AAL and without deducting amounts for the Enforcement Expense Fund, on a going-forward basis, and that if MPEG LA fails to do so this Court retains jurisdiction to increase the judgment above; ADJUDGED that MPEG LA shall pay $5,026,031.21 plus prejudgment interest to the dual licensees to whom the funds referenced in NYSCEF Dkt. No. 118, column H of the row titled “Post-Allocation Rerouted at Licensor’s Direction,” would have been rerouted, pursuant to the same formula and mechanisms by which such parties would have received these amounts as refund payments if there had been no June 23, 2020 purported amendment to Section 7.2.2 of the AAL. MPEG LA shall indemnify Samsung from any claim for unpaid amounts of funds referenced in NYSCEF Dkt. No. 118, column H of the row titled “Post-Allocation Rerouted at Licensor’s Direction” from the parties who would have received these amounts as refund payments if there had been no June 23, 2020 purported amendment to Section 7.2.2. of the AAL; 3 FILED: NEW YORK COUNTY CLERK 03/18/2024 04:15 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 267 RECEIVED NYSCEF: 03/18/2024 ADJUDGED that, upon MPEG LA’s securing and posting an undertaking in the amount of $25,278,415.93, execution on this judgment is stayed pending final appeal; ADJUDGED that, upon the Court’s signing of this judgment, the judgment in this matter previously signed on January 8, 2024 is vacated; ADJUDGED that MPEG LA shall pay the total amount of the Judgment. DATED:______________, 2024 __________________________ Hon. Melissa A. Crane, J.S.C. DATED:______________, 2024 __________________________ New York County Clerk 4