Print 22 comment(s) - last by Cheesew1z69.. on Nov 24 at 6:30 PM

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. (AAPL) in U.S. sales.  In fact, Samsung Electronics Comp., Ltd. (KSC:005930) has left Apple far behind in sales; in some quarters its top handset outsold Apple's only 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 trialU.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 ordered [PDF] that Apple had to disclose the terms of its intellectual property cross-licensing agreement with HTC Corp. (TPE:2498).

Apple v. Samsung
Apple will have to give fiscal details of its licensing agreement with HTC to Samsung.
[Image Source: Gizmodo]

Apple and HTC settled up earlier this month, with Apple reportedly getting less than half what Microsoft Corp. (MSFT) 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.

Source: Judge Grewal via SBNation [The Verge]

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RE: Extremely bad
By retrospooty on 11/23/2012 7:08:08 AM , Rating: 4
"No imagine you own shop A, and across the street is shop B.
And at the end of the drive is shop X. Now, how would you feel if you're business was told to stop selling by shop X, because what you're selling is killing his business, and only he can sell his product. Yet at the same time you see shop owner X and shop owner B making a deal over the same product he's tried to get you to stop selling. You're the one obviously never run a business. Because ANY businessman worth his salt would be demanding to see the content of the deal between X and B."

Exactly... I would only add - If Apple wants to keep the courts out of its business than Apple should STOP involving the courts in its business. Plain and simple.

RE: Extremely bad
By Retrospotting on 11/23/2012 7:21:55 PM , Rating: 1
go stick your finger up your arse dude and suck on it.

RE: Extremely bad
By Cheesew1z69 on 11/24/2012 8:23:03 AM , Rating: 2
How classy Pirks...

You are a real winner....

RE: Extremely bad
By retrospooty on 11/24/2012 1:31:57 PM , Rating: 3
LOL. Can you imagine having so little of a life that you actually take the time to create an email address, then a new ID just to add zero to the debate? Now he has done it several times to me, you and reclaimer...

It's really kind of sad. Maybe this person wasn't loved as a child... And certainly isn't loved now.

RE: Extremely bad
By Cheesew1z69 on 11/24/2012 6:30:17 PM , Rating: 3
I don't think he has ANY life at all.

Sad part is, he claims to have children, or so I thought I read. I feel pity for his children and wife if he actually does. The way he acts, is quite pathetic for an adult.

"It seems as though my state-funded math degree has failed me. Let the lashings commence." -- DailyTech Editor-in-Chief Kristopher Kubicki

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