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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 3:59:35 PM , Rating: -1
It's Samsung, of course you are!

(Do you see what I did there?)


RE: 20/20
By Cheesew1z69 on 12/6/2012 4:00:22 PM , Rating: 1
Being a retarded fanboi? Yes, I do see that. Everyone sees it.


RE: 20/20
By retrospooty on 12/7/2012 7:08:43 AM , Rating: 2
Well in his defense, "the precious" was insulted. What is a fanboy to do but react like a nut?

Messele, I am going to let you in on a well known secret. "the precious" copies their tech too. As much if not more than the companies they are suing. I know.... Your head just popped.


RE: 20/20
By Cheesew1z69 on 12/7/2012 8:28:52 AM , Rating: 2
That's true...


RE: 20/20
By messele on 12/8/2012 3:18:38 AM , Rating: 2
Don't be under any illusion that you know what I think. I'm not as fussed as you think I am.

Sony, LG, HTC, Nokia. No problem with any of those companies. At least they make an effort to do original work and a lot of it is great work.

Samsung produce knockoff crap, and are run by a criminal Family. This isn't anything to do with Apple and my contempt for Samsung doesn't immediately make me a diehard fan of the enemy.


RE: 20/20
By retrospooty on 12/8/2012 7:17:44 AM , Rating: 3
"my contempt for Samsung doesn't immediately make me a diehard fan of the enemy."

I agree that doesn't make you a diehard fan... The fact that you pretty much only post is articles about Apple or its direct competitors and when you do, you only post in favor of Apple, their political moves and every product they make, and do it aggressively, no matter what the scenario. THAT makes you a diehard fan.


"If you can find a PS3 anywhere in North America that's been on shelves for more than five minutes, I'll give you 1,200 bucks for it." -- SCEA President Jack Tretton














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