Apparently discovery simply isn't needed, as gibwell believes that he is certain of all of the facts (the judge isn't, but gibwell sure is. Get the nooses ready).

Samsung (meaning executives, not their legal team) may very well have thought that the information "leaked" to them, in a completely legal, matter of business fashion. Again, the outside party is apparently (crazy to wait for due process, but thus far this is the belief of the judge) the one who broached confidentiality requirements, such that Samsung executives may not have even known what they were getting.

The fact that an executive so brazenly gloated about this information makes it more likely this was not an intentional breach of the law. Maybe it was, but it would be a very stupid breach.