Showing posts with label settlement. Show all posts
Showing posts with label settlement. Show all posts

Monday, November 26, 2012

Samsung adds new iPad, iPad mini and iPod to lawsuit, will peek at Apple / HTC settlement

Samsung adds new iPad, iPad mini and iPod to lawsuit, will peek at Apple / HTC settlement data = {blogUrl: "www.engadget.com",v: 219};when = {jquery: lab.scriptBs("jquery"),plugins: lab.scriptBs("plugins"),eng: lab.scriptBs("eng")}; var s265prop9 = ('20386498' !== '') ? 'bsd:20386498' : ''; var modalMNo = '93319229'; when.eng("eng.omni.init", {pfxID:"weg",pageName:document.title,server:"",channel:"us.engadget",pageType:"",linkInternalFilters:"javascript:,engadget.com,joystiq.com,massively.com,tuaw.com,switched.com,techcrunch.com",prop1:"Engadget",prop2:"",prop9:s265prop9,prop12:document.location,prop17:"",prop18:"",prop19:"",prop20:"",mmxgo: true,disablepipath:true,mmxtitle:"us.engadget" + " : "}); adSendTerms('1')adSetMOAT('1');adSetAdURL('/_uac/adpagem.html');lab._script("http://o.aolcdn.com/os/ads/adhesion/js/adhads-min.js").wait(function(){var floatingAd = new AdhesiveAd("10000057",{hideOnSwipe:true});}); EngadgetMenuReviewsEventsPodcastsBuyers GuidesFeaturesVideosGalleriesTopicsHD Mobile Alt Announcements Cameras Cellphones Desktops Displays Gaming GPS Handhelds Home Entertainment Household Internet Laptops Meta Misc Networking Peripherals Podcasts Robots Portable Audio/Video Science Software Storage Tablets Transportation Wearables Wireless Acer Amazon AMD Apple ASUS AT&T Canon Dell Facebook Google HP HTC Intel Lenovo LG Microsoft Nikon Nintendo Nokia NVIDIA RIM Samsung Sony Sprint T-Mobile Verizon About UsSubscribeLike Engadget@engadgettip uswhen.eng("eng.nav.init")when.eng("eng.tips.init") Samsung adds new iPad, iPad mini and iPod to lawsuit, will peek at Apple / HTC settlement MobileBySean BuckleypostedNov 21st, 2012 at 11:33 PM 0

Samsung motions to add new iPad, iPad mini and iPod to patent lawsuit, gets a look at Apple / HTC settlement

Ready for some more legal mumbo-jumbo? We're happy to oblige: Samsung is asking Judge Paul Grewal to amend its patent infringement allegations to include Apple's latest 4th and 5th generation iPad and iPod Touch, as well as the 7.9-inch iPad mini. Sammy says it's arguing on the side of efficiency, noting that the new hardware is up against the very same claims as the iPhone 5 it added to the case last week, asserting that their inclusion wouldn't be a burden to the court. Grewal, who was expecting this motion, is also being asked to decide if older iPod hardware is covered by Samsung's original infringement contention, which vaguely described "all Apple products including a built-in speaker and an external audio output port," as violators. The Judge also recently approved Samsung's request to sneak a peek at HTC and Apple's recent settlement agreement. The proceedings seem to keep Grewal and his gavel busy, but at least your legalese loving uncle will have something to drone on about over Thanksgiving dinner.

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Apple must share HTC settlement details with Samsung

apple, samsung, htc, lawsuit, patent wars, paten

A few days ago Apple and HTC settled a longstanding patent dispute that resolved all current lawsuits between them and resulted in a 10-year licensing deal to share existing and future patents. Financial details were kept under wraps, and though analyst believe Apple will receive $6 to $8 per phone sold from HTC, the latter has called those estimates ‘outrageous’. Well, Samsung's lawyers will soon know for sure.

The South Korean firm has been granted permission to examine the full details of the settlement ahead of a  forthcoming hearing on December 6. Although Samsung mobile chief Shin Jong-kyun recently said they have no intention of negotiating a similar deal, the company is hoping to find out whether the agreement with HTC covers licenses that Apple was unwilling to negotiate with Samsung.

According to Florian Müller from Foss Patents, “willingness to license certain patents can play a role in an injunctive relief analysis.” Apple already won a $1.05 billion judgement over Samsung in the US and it is seeking to ban eight of Samsung’s devices from sale in the country. Although there’s no guarantee of the outcome, if Samsung is right the documents could prove instrumental for its defense against an injunction, as they would show Apple is willing to license its IP to others as long as it gets paid -- and since they will be receiving a payout in connection with the verdict they can argue the extra step of an injunction isn't justified.

Apple and HTC had previously agreed to provide a redacted version of the license agreement to the court, specifically omitting information about the license fees that HTC is paying Apple under the agreement.

This is just one angle of Samsung’s escalating legal battle with Apple. A separate case in the U.S. is due to start sometime next year over standards-essential patents and several feature-specific patents in several of each company’s latest products, including up to the Galaxy S III, iPhone 5 and iPad mini. The International Trade Commission is also set to review the September decision that favored Apple.


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By: Dilusha On 4:35 PM
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