Judge in Nokia and Apple lawsuit owned Apple stock during proceedings

Posted:
in General Discussion edited August 2021
A federal judge was recently found to have owned Apple stock while presiding over a case brought against the tech giant by Nokia, though the discovery is unlikely to lead to further legal action.

Nokia


Apple and Nokia were embroiled in a bitter patent dispute from 2009 to 2011, with both companies filing a series of legal complaints and regulatory challenges as competition in the smartphone market came to a head. The issue was ultimately settled in June 2011, and while terms of the agreement were kept confidential, Apple was expected to make amends with a one-time payment and ongoing royalties.

According to a new court filing on Monday, a federal judge presiding over one of many scattershot legal volleys filed by Nokia owned stock in Apple when the suit was lodged in 2010. Judge William M. Conley of the U.S. District Court for the Western District of Wisconsin disclosed the potential conflict of interest in a letter to both parties dated Aug. 27.

"Judge Conley informed me that it has been brought to his attention that while he presided over the case he owned stock in Apple," writes Joel Turner, the court's chief deputy clerk. "His ownership of stock neither affected nor impacted his decisions in this case."

It is unclear how many shares Judge Conley possessed during the case, but ownership of company stock in any capacity would have required his recusal under the Code of Conduct for United States Judges.

An advisory from the Judicial Conference Codes of Conduct Committee explains that disqualifying factors should be reported "as soon as those facts are learned," even if the realization occurs after a judge issues a decision.

"The parties may then determine what relief they may seek and a court (without the disqualified judge) will decide the legal consequence, if any, arising from the participation of the disqualified judge in the entered decision," Advisory Opinion 71 reads, as relayed by Turner.

Apple and Nokia are invited to respond to Conley's disclosure by Oct. 27 should they wish to seek redress, though the companies are unlikely to take action considering the case was not a lynchpin in Nokia's overarching strategy.

In hindsight, the 2011 settlement was a favorable outcome for Nokia, whose phone business withered and was sold first to Microsoft before landing at Foxconn. Once the world's dominant cellphone manufacturer, Nokia -- the corporate entity -- is no longer a player in the mobile market. It has, however, licensed its name to smartphones built by HMD.

Nokia saw more success in court when it leveraged owned and purchased patents against Apple in a 2016 legal blitz that led to a settlement involving a $2 billion payment and multi-year IP licensing agreement.

Read on AppleInsider

Comments

  • Reply 1 of 6
    What a novelty. Someone performing their job without bias despite having a financial interest.
  • Reply 2 of 6
    MplsPMplsP Posts: 3,933member
    What a novelty. Someone performing their job without bias despite having a financial interest.
    There are many who can and do, they just don’t make headlines. I suspect the judge probably had a mutual fund that included Apple stock so he didn’t even realize it. 
    killroylarryjw
  • Reply 3 of 6
    fred1fred1 Posts: 1,112member
    What a novelty. Someone performing their job without bias despite having a financial interest.
    And just how do you know that he performed his job without bias? Because his clerk said so? The clerk who could (would) lose his job if he said otherwise? Interesting.
  • Reply 4 of 6
    22july201322july2013 Posts: 3,579member
    What a novelty. Someone performing their job without bias despite having a financial interest.
    How exactly does any politician perform their job without having a financial interest in the results? The US president doesn't have to cede control of his assets to be president to a third party (Trump did; Biden didn't.) One answer to the problem is called an election. Another answer is impeachment.
  • Reply 5 of 6
    fred1 said:
    What a novelty. Someone performing their job without bias despite having a financial interest.
    And just how do you know that he performed his job without bias? Because his clerk said so? The clerk who could (would) lose his job if he said otherwise? Interesting.
    Because Nokia pretty much won the case?
    killroy
  • Reply 6 of 6
    MplsPMplsP Posts: 3,933member
    What a novelty. Someone performing their job without bias despite having a financial interest.
    How exactly does any politician perform their job without having a financial interest in the results? The US president doesn't have to cede control of his assets to be president to a third party (Trump did; Biden didn't.) One answer to the problem is called an election. Another answer is impeachment.
    Uhhh …Trump put his son on the board then argued that it’s impossible for the president to have a conflict of interest.  Hardly ceding control.
    killroylarryjw
Sign In or Register to comment.