More details have emerged on the nature of the patents settlement between Apple and HTC struck last month.
While the terms were initially kept confidential, Samsung subsequently appealed (successfully) for documents to be made available in light of its own patents dispute with Apple. The South Korean vendor yesterday filed a heavily redacted copy of the 140-page Apple-HTC settlement in a US court.
Large parts of the document are blacked out (see below), though some basic facts can be ascertained. The pair will share each other’s parents via a non-exclusive licence, while Apple has agreed not to take legal action over certain HTC products. But Apple’s design patents and nine specific HTC patents are excluded from the agreement, as is any future ‘cloning’ of Apple technology by HTC.
The royalty terms cannot be seen. Earlier reports suggesting that the Taiwanese company will pay Apple US$6-8 per Android device were described as “outrageous” by HTC’s CEO Peter Chou.
Samsung has previously said it is “almost certain” that the HTC deal covers some of the same patents that are part of its continuing legal battle with Apple. A court this month will decide whether it will be subject to a permanent sales ban for eight of its smartphones and one tablet.
“Samsung will argue that Apple’s willingness to license its patents should weigh against its claims of irreparable harm from continued infringement and that monetary compensation would be sufficient,” said Florian Mueller of the FOSSpatents blog in his analysis of the HTC-Apple document.
Apple won a jury verdict in August which ordered Samsung to pay US$1.05 billion in damages to the iPhone-maker after finding the South Korean company guilty of infringing several patents.