Calif. Judge Orders Apple to Share Details of HTC Settlement with Samsung
November 22, 2012 10:50 AM
comment(s) - last by
Disclosure could give Samsung leverage when bargaining with Apple, help it stay ahead
When it comes to sales only one Android OEM
has passed Apple
, Inc. (
) in U.S. sales. In fact, Samsung Electronics Comp., Ltd. (
) has left Apple far behind in sales; in some quarters its top handset
(the iPhone). Meanwhile Samsung is the only Android OEM to
be strongly profitable
, although it still trails the lower volume Apple in profits.
Given that state of affairs, it perhaps makes a bit more sense why Samsung has been Apple's number one target in court. So far Apple and Samsung are one and one. In the UK
Apple lost a major case
to Samsung and was forced to
print an apology ad
; meanwhile in the U.S. a jury went the opposite way finding Samsung
guilty of $1.05B USD in "willful infringement"
(that case is being appealed).
Now even as Apple and Samsung
lock horns for a second trial
U.S. District Court for the Northern District of California
's San Jose courtroom
Judge Paul S. Grewal
has made a key ruling which may give Samsung leverage at the bargaining table. In a court order on the Wednesday before Thanksgiving, Judge Grewal
[PDF] that Apple had to disclose the terms of its intellectual property cross-licensing agreement with HTC Corp. (
Apple will have to give fiscal details of its licensing agreement with HTC to Samsung.
[Image Source: Gizmodo]
Apple and HTC
earlier this month, with Apple reportedly getting
less than half what Microsoft
) gets in Android licensing fees. The licensing deal is set to last for 10 years.
The Cupertino company, despite having a stacked, high-power litigation team likely settled with HTC in part because HTC is
struggling in sales
and isn't much of a threat. Now it may regret cutting a relatively reasonable deal with the Asian OEM, as it may look unfair and uncooperative to the judge and jury, should it reject a similar statement by Samsung.
According to reports while Microsoft squeezed
only $10 USD
per handset from HTC, it
gets 50 percent more
-- roughly $15 USD per handset -- from Samsung.
The document in question has been labeled "Attorneys-Eyes-Only", so it is unlikely the media will get their hands on the exact licensing details; particularly after Samsung was already admonished in the last round for allegedly leaking Apple court filings to the press.
An injunction hearing will be held on Dec. 6, at which point a California district judge will decide on whether to temporarily ban U.S. sales of Apple's iPhone 5 and/or Samsung's Galaxy S III, in addition to other Samsung "Jelly Bean" products.
Judge Grewal via SBNation [The Verge]
This article is over a month old, voting and posting comments is disabled
RE: Extremely bad
11/23/2012 5:24:14 AM
you're assuming that the licensing deal with HTC is about the same stuff as with Samsung. What you're forgetting though is the fact that before all this mess started, Apple approached Samsung and offered them licensing deal. Samsung rejected and got sued.
Samsung wasn't willing to take license, HTC in the end was and managed to get 'sweet' deal from Apple.
The patents in question are not FRAND ones and both HTC and Apple can charge for them whatever they want, that's why it's called cross-license agreement, they've agreed.
Samsung didn't and because of the fact that these patents are not FRAND ones, Apple can charge more or charge less Samsung for the same stuff they license to HTC.
RE: Extremely bad
11/23/2012 2:11:06 PM
Samsung was offered $30 for any phone and discounts on certain os and form factors and $40 for tablets.
I would say no too.
"When an individual makes a copy of a song for himself, I suppose we can say he stole a song." -- Sony BMG attorney Jennifer Pariser
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