Preview
FILED: NEW YORK COUNTY CLERK 03/22/2024 01:31 PM INDEX NO. 656312/2022
NYSCEF DOC. NO. 269 RECEIVED NYSCEF: 03/22/2024
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-
[PROPOSED] JUDGMENT
MPEG LA, L.L.C.,
Defendant.
JUDGMENT
UPON Plaintiff Samsung Electronics Co., Ltd.’s Amended Complaint (NYSCEF Dkt. No.
58), MPEG LA, L.L.C.’s Answer to Plaintiff’s Amended Complaint (NYSCEF Dkt. No. 106),
Samsung’s Notice Of Motion For Summary Judgment (NYSCEF Dkt. No. 110), Samsung’s
Memorandum Of Law In Support Of Its Motion For Summary Judgment (NYSCEF Dkt. No. 159),
Samsung’s Memorandum Of Law In Further Support Its Motion For Summary Judgment And In
Opposition To MPEG LA’s Cross Motion for Summary Judgment (NYSCEF Dkt. No. 200),
MPEG LA’s Notice Of Cross-Motion For Summary Judgment (NYSCEF Dkt. No. 170), MPEG
LA’s Memorandum Of Law In Support Of Its Cross Motion For Summary Judgment (NYSCEF
Dkt. No. 172), and MPEG LA’s Reply In Support Of Its Motion For Summary Judgment
(NYSCEF Dkt. No. 210), together with all exhibits annexed thereto;
ADJUDGED that Samsung’s Motion For Summary Judgment (NYSCEF Dkt. No. 110) is
granted 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; and it is further
ADJUDGED that MPEG LA’s Cross-Motion For Summary Judgment (NYSCEF Dkt. No.
170) is denied with respect to Samsung’s cause of action for breach of contract and granted without
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FILED: NEW YORK COUNTY CLERK 03/22/2024 01:31 PM INDEX NO. 656312/2022
NYSCEF DOC. NO. 269 RECEIVED NYSCEF: 03/22/2024
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; and it is further
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;
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 $_________________,
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FILED: NEW YORK COUNTY CLERK 03/22/2024 01:31 PM INDEX NO. 656312/2022
NYSCEF DOC. NO. 269 RECEIVED NYSCEF: 03/22/2024
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 $_________________,
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;
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FILED: NEW YORK COUNTY CLERK 03/22/2024 01:31 PM INDEX NO. 656312/2022
NYSCEF DOC. NO. 269 RECEIVED NYSCEF: 03/22/2024
ADJUDGED that MPEG LA shall pay $5,026,031.21 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 the 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;
ADJUDGED that execution on this judgment is stayed pending further order of the Court;
and
ADJUDGED that, upon the Court’s signing of this judgment, the judgment in this matter
previously signed on January 8, 2024 is vacated; and
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 03/22/2024 01:31 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 269 RECEIVED NYSCEF: 03/22/2024 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- [PROPOSED] JUDGMENT MPEG LA, L.L.C., Defendant. JUDGMENT UPON Plaintiff Samsung Electronics Co., Ltd.’s Amended Complaint (NYSCEF Dkt. No. 58), MPEG LA, L.L.C.’s Answer to Plaintiff’s Amended Complaint (NYSCEF Dkt. No. 106), Samsung’s Notice Of Motion For Summary Judgment (NYSCEF Dkt. No. 110), Samsung’s Memorandum Of Law In Support Of Its Motion For Summary Judgment (NYSCEF Dkt. No. 159), Samsung’s Memorandum Of Law In Further Support Its Motion For Summary Judgment And In Opposition To MPEG LA’s Cross Motion for Summary Judgment (NYSCEF Dkt. No. 200), MPEG LA’s Notice Of Cross-Motion For Summary Judgment (NYSCEF Dkt. No. 170), MPEG LA’s Memorandum Of Law In Support Of Its Cross Motion For Summary Judgment (NYSCEF Dkt. No. 172), and MPEG LA’s Reply In Support Of Its Motion For Summary Judgment (NYSCEF Dkt. No. 210), together with all exhibits annexed thereto; ADJUDGED that Samsung’s Motion For Summary Judgment (NYSCEF Dkt. No. 110) is granted 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; and it is further ADJUDGED that MPEG LA’s Cross-Motion For Summary Judgment (NYSCEF Dkt. No. 170) is denied with respect to Samsung’s cause of action for breach of contract and granted without 1 FILED: NEW YORK COUNTY CLERK 03/22/2024 01:31 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 269 RECEIVED NYSCEF: 03/22/2024 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; and it is further 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; 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 $_________________, 2 FILED: NEW YORK COUNTY CLERK 03/22/2024 01:31 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 269 RECEIVED NYSCEF: 03/22/2024 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 $_________________, 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; 3 FILED: NEW YORK COUNTY CLERK 03/22/2024 01:31 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 269 RECEIVED NYSCEF: 03/22/2024 ADJUDGED that MPEG LA shall pay $5,026,031.21 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 the 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; ADJUDGED that execution on this judgment is stayed pending further order of the Court; and ADJUDGED that, upon the Court’s signing of this judgment, the judgment in this matter previously signed on January 8, 2024 is vacated; and 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