Apple, Inc. v. Samsung Elec. Co., LTD, No. 12-CV-0630-LHK, 2013 WL 1563253 (N.D. Cal. April 12, 2013).
Although they may constitute some of the most sensitive competitive information a company possesses, documents discussing pricing strategy can be legally relevant to damages. In this case, the court concluded that, in light of the damages theories likely to be asserted, documents discussing pricing strategy were discoverable.
The court granted Samsung’s motion to compel Apple to produce documents relating to the company’s pricing strategies. Id. at *5. The court agreed with Samsung that the requested documents were relevant in light of the various damages theories the parties might present. Apple’s discussions regarding pricing premiums would shed light on Apple’s perception of the value of its products to a competitor and would assist in determining a hypothetical royalty rate. Id. at *5. The entire market value rule also supports production of the requested documents. Such documents would provide insights on Apple’s perception of whether customers specifically sought the patented features and the degree to which Apple believed those features drove demand. Id. at *6