Some Parts of Apple Settlement Pact With HTC Made Public
December 6, 2012 3:01 PM
comment(s) - last by
Redactions cut out list of devices, amount of payments
Thanks to the pending lawsuit between Samsung Electronics Comp., Ltd. (
) and Apple, Inc. (
), round two in the smartphone maker pair's legal war, some details of HTC Corp.'s (
) (and subsidiary S3 Graphics')
licensing truce with Apple
This time around the document was not leaked by Samsung, but rather entered by its attorneys (albeit, in heavily redacted form) legitimately
[PDF] the public record (allowing
to obtain a copy).
The redactions cut out many critical details -- most notably,
the royalty rates
. However, the language makes it clear that HTC is paying Apple (via wire transfers to an Apple bank account) and not the other way around. This was pretty much well known, but it's at least useful to confirm. The agreement makes it clear that if for some reason HTC does not pay Apple its licensing royalties it can terminate the agreement at will.
Redactions cut out key portions of the document.
Much of the 140 pages (over 100 of them) is devoted to a slew of filings in various international jurisdictions pulling the plug on HTC and Apple's respective lawsuits against each other. Page 37 shows a joint press release, which the companies are strictly ordered is the only statement they can formally release on the truce.
Humorously the agreement asserts "No Partnership" (pg. 27) making it clear that Apple and HTC are not to be known as partners (okay, guys).
Another redacted part is what products are safeguarded by Apple and HTC's promise not to sue each other. But the agreement makes it clear that the joint licensing is non-exclusive, non-transferable, and non-sublicensible.
The agreement does not cover Apple's design patents -- which include
U.S. Design Patent No. D618,677
(iPhone), plus the
(iPad). Nine HTC patents are exempt --
U.S. Patent No. 6,708,214
(display of zoomed keypad characters),
(another status bar patent),
("dynamic" display and labeling),
(display and storage container),
(UI preferences, etc.), and
(another OTA upgrade patent).
Apple's design patents (like the iPad one, pictured) are not covered in the deal.
The excluded HTC patents thus appear to mostly either deal with UI elements (probably exclusive to HTC Android Sense UI or older handsets, or to
over-the-air (OTA) upgrades
Feel free to look at the document and let us know if there's anything interesting we missed.
And ready yourselves, things may get hairy as Apple and Samsung square off in
U.S. District Court for the Northern District of California
a second trial
, likely to be the biggest battle of next year in the ongoing smartphone war.
SBNation [The Verge] [PDF]
This article is over a month old, voting and posting comments is disabled
12/6/2012 3:34:44 PM
Yeah... that bit where it says "HIGHLY CONFIDENTIAL ATTORNEY'S EYES ONLY" not sure why they would print that on every single page in the absence of the words "APART FROM THE BITS THAT YOU FEEL IT'S OK TO MAKE PUBLIC".
Censoring certain passages or not, the court order was quite specific. This disclosure is quite bazaar.
12/6/2012 4:39:04 PM
Normally I wouldn't do this, but because you have such a cheerful disposition: it's "bizarre."
12/7/2012 1:50:18 AM
Indeed! Don't know where that came from!
12/8/2012 7:10:17 PM
Judge Koh unsealed it at the hearing this Thur.
Sounds like you think Samsung did it lol
"The whole principle [of censorship] is wrong. It's like demanding that grown men live on skim milk because the baby can't have steak." -- Robert Heinlein
Apple Aims to Tack on Galaxy Note II and 5 Other Products to Existing Lawsuit
November 26, 2012, 2:05 PM
Calif. Judge Orders Apple to Share Details of HTC Settlement with Samsung
November 22, 2012, 10:50 AM
HTC Slams Rumors, Hints Apple is Getting Less Than Half Microsoft's Licensing Fee
November 20, 2012, 9:04 AM
Apple and HTC Organize a Truce, Sign 10-Year Licensing Pact
November 11, 2012, 3:31 PM
Researchers Try to Explain Why Apple iOS Users are so Slow at Upgrading
September 15, 2010, 12:14 PM
Quick Note: New "Windows" Branding for Microsoft's Smartphones is Leaked
September 15, 2014, 2:00 PM
Sony Abandons Android Upgrade Support for Year Old Xperia and 3 Others
September 15, 2014, 11:07 AM
Apple Racked Up 4 Million iPhone 6, iPhone 6 Plus Pre-orders Within 24 Hours
September 15, 2014, 9:54 AM
Despite Massive Failure of Apple Store Website, "Record Number" of iPhone 6 Pre-orders Received
September 12, 2014, 1:19 PM
Quick Note: Motorola Set to Release Unlocked, “Pure Edition” of Second Gen Moto X
September 12, 2014, 12:37 PM
Grand Theft Auto V for Xbox One, PS4 Launches Nov 18; PC Version Lands Jan 27
September 12, 2014, 9:04 AM
Most Popular Articles
Apple Announces 4.7" iPhone 6, 5.5" iPhone 6 Plus
September 9, 2014, 1:45 PM
Apple Announces Its Smartwatch: The $349 Apple Watch
September 9, 2014, 2:09 PM
Appalling Negligence: Decade-Old Windows XPe Holes Led to Home Depot Hack
September 8, 2014, 8:58 PM
T-Mobile Launches Un-carrier 7.0, Beefs Up Wi-Fi Calling
September 11, 2014, 2:56 PM
HTC Preps Nexus 9 With Nvidia K1 64-Bit "Denver" SoC, Android L Onboard
September 10, 2014, 10:21 PM
Latest Blog Posts
Space Terrorism is a Looming Threat For the United States
Apr 23, 2014, 7:47 PM
Facebook Aims to Provide Internet to "Every Person in the World" with Drones, Satellites
Apr 1, 2014, 10:20 AM
Retail Mobile Sites Experience Outages in Light of Simplexity's Bankruptcy
Mar 14, 2014, 8:48 AM
Tesla vs. BMW: Who Has the Safer EV?
Feb 1, 2014, 2:56 PM
Justice Leaks Details of Next HTC One Two Flagship Phone
Dec 5, 2013, 4:04 PM
More Blog Posts
Copyright 2014 DailyTech LLC. -
Terms, Conditions & Privacy Information