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Print 22 comment(s) - last by sprockkets.. on Dec 8 at 7:10 PM

Redactions cut out list of devices, amount of payments

Thanks to the pending lawsuit between Samsung Electronics Comp., Ltd. (KSC:005930) and Apple, Inc. (AAPL), round two in the smartphone maker pair's legal war, some details of HTC Corp.'s (TPE:2498) (and subsidiary S3 Graphics') licensing truce with Apple have gone public.

This time around the document was not leaked by Samsung, but rather entered by its attorneys (albeit, in heavily redacted form) legitimately into [PDF] the public record (allowing The Verge 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
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 and D593,087 (iPhone), plus the D504,889 (iPad).  Nine HTC patents are exempt -- U.S. Patent No. 6,708,214 (hypermedia input), No. 6,473,006 (display of zoomed keypad characters), No. 7,289,772 (status bar), No. 6,868,283 (another status bar patent), No. 7,020,849 ("dynamic" display and labeling), No. 5,418,524 (OTA upgrades), No. 5,630,512 (display and storage container), No. 5,630,159 (UI preferences, etc.), and No. 5,302,947 (another OTA upgrade patent).

Apple D'889 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 for a second trial, likely to be the biggest battle of next year in the ongoing smartphone war.

Source: SBNation [The Verge] [PDF]



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RE: 20/20
By messele on 12/6/2012 3:53:17 PM , Rating: 1
I am saying that Samsung can't win in America or South Korea as they are a company of facsimile ideas run by a family of convicted criminals. It's that simple.


RE: 20/20
By Tony Swash on 12/7/12, Rating: 0
RE: 20/20
By retrospooty on 12/7/2012 4:56:14 PM , Rating: 4
You say that as if anyone gives a hoot about Samsung... We dont. No company, I repeat NO COMPANY is worthy of your worship or adoration. Certainly not Samsung or Apple. You post this as if Apple isn't one of the worst tech thieves in the industry. Most of what they have is copied tech. They have always copied and they continue to copy. They do innovate some, like in 2007 with IOS, and they do push specs up like with modern CPU/GPU and screen res, but they still copy most of what they do.

Get off your high horse and see them for what they are. Just another company that builds off the ideas of other companies like all companies do. FFS, its a company, not an idol, not a hero, not a god. Its nothing to be admired. Are you two really that desperate for an identity that you glom on to a company of all things? LOL. Hilarious.


RE: 20/20
By Piiman on 12/8/2012 10:22:20 AM , Rating: 2
You sir will burn in iApple Hell forever! :-)


RE: 20/20
By retrospooty on 12/8/2012 11:54:58 AM , Rating: 2
There is a theory that the current life, here on Earth is actually iHell and we all have to experience it to pass to the next existence. ;)


"Mac OS X is like living in a farmhouse in the country with no locks, and Windows is living in a house with bars on the windows in the bad part of town." -- Charlie Miller














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