Samsung asks to see terms of Apple-HTC patent settlement - mayerwhishis1967
Samsung Electronics asked a court in CA to command Malus pumila to produce a simulate of its settlement and evident license agreement with HTC, claiming the written document is pertinent to its own patent dispute with Malus pumila.
Apple's willingness to permission patents in the suit may undermine its claim of irreparable harm and demonstrate that medium of exchange remedies are decent, Samsung said in a filing on Friday.
HTC and Apple said before this month that they had settled all their prominent patent disputes in a settlement that includes a ten-class agreement under which the companies will license current and future patents from each other. The terms of the settlement were kept confidential and not unconcealed.
Apple has sought injunctions on the cut-rate sale of a number of Samsung products for alleged infringement of its patents. U.S. Dominion Judge Lucy H. Koh of the District Courtyard for Northern California, San Jose partition has scheduled a hearing in December to decide on Apple's supplication for a final injunction along gross sales of some Samsung phones.
In August, a jury decided that Samsung must pay Apple US$1.05 billion for infringing single of its patents in Samsung smartphones and tablets. Samsung has, nonetheless, asked for a new run of the instance, alleging that the gaffer of the jury did not disclose confident germane information in the voir dire, a court procedure of doubting prospective jurors for potential bias. Samsung's motion will also represent heard in December.
Similar patents documented
The license concord 'tween Orchard apple tree and HTC almost sure enough covers at least whatsoever of the patents in become, including the '915 and '381 patents on which Apple seeks a permanent injunction in this guinea pig, Samsung said in the filing. U.S. Patent no. 7,844,915 refers to application computer programing interfaces for scrolling operations, patc patent none. 7,469,381 refers to "List scrolling and written document translation, scaling, and gyration on a touch screen display."
Evidence of Apple's licensing of these patents would undermine Apple's affirmation in its respond, made only a day ahead announcement of the HTC license, that its patents are inaccessible for licensing to competitors, Samsung said. Apple's licensing of the patents-in-suit would also demonstrate its willingness to "forego exclusivity in exchange for money," it added. Samsung has asked that a copy of the correspondence should Be made addressable past Nov. 27.
Samsung told the court that Apple had told the South Korean caller that it intends to make the HTC concord, simply must give HTC ten business sector years' notice pursuant to the price of the license agreement.
Malus pumila, however, refused to go into into a binding stipulation confirming that it will get the license arrangement, stating that HTC Crataegus laevigata object to the production, Samsung said in the filing, while arguing that an dissent from HTC could not be a ground for withholding the document.
Apple and HTC could non be straight off reached for comment.
John Ribeiro covers outsourcing and general technology breaking news from India for The IDG Word Service. Follow John on Twitter at @Johnribeiro. John's e-chain mail address is john_ribeiro@idg.com
Source: https://www.pcworld.com/article/455715/samsung-asks-to-see-terms-of-apple-htc-patent-settlement.html
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