Apple ordered to produce agreement with HTC
HTC had earlier agreed to produce a redacted version of the agreement without the financial terms in it
IDG News Service - A court in California has ordered Apple to produce without delay an unredacted version of its recent patent agreement with HTC, after Samsung Electronics said the agreement was relevant to its patent infringement dispute with Apple.
The document will, however, be made available only for viewing by the attorneys in the patent lawsuit, Magistrate Judge Paul S. Grewal of U.S. District Court for the Northern District of California, San Jose division, wrote in an order on Wednesday.
HTC had earlier agreed to produce a version of its Patent License and Settlement Agreement (PLSA) with Apple, provided it was redacted to exclude the terms disclosing the consideration paid under the PLSA, including how the amounts were calculated. The redacted document was also to be marked "Highly Confidential --Attorneys' Eyes Only" as provided under a protective order entered by the court.
The compensation terms it seeks to redact are highly "competition-sensitive," HTC wrote in the filing.
Apple and HTC said earlier this month that they had settled all their outstanding patent disputes in a settlement that includes a 10-year agreement under which the companies will license current and future patents from each other. The terms of the settlement were kept confidential and not disclosed.
Samsung asked the court to compel Apple to produce a copy of its settlement and patent license agreement with HTC, as it almost certainly covers at least some of the patents in the suit. Apple's willingness to license patents in the suit may undermine its claim of irreparable harm and demonstrate that monetary remedies are adequate, Samsung said in a filing last week.(
The South Korean company asserted during a hearing that the financial terms of the agreement support its argument that a royalty is a more suitable alternative to a permanent injunction. The court has scheduled a hearing in December to decide on Apple's plea for a permanent injunction on the sale of some Samsung phones.
"Many third parties to this case have had their licensing agreements disclosed -- without any redaction of financial terms -- subject to an Attorneys-Eyes-Only designation because the confidential financial terms were clearly relevant to the dispute between Apple and Samsung," wrote Judge Grewal in his order. HTC is not entitled to special treatment, particularly as it has recognized the general sufficiency of the protective order and the integrity of Samsung's outside counsel, he added.
The court also agreed to Samsung's moves to compel further depositions of three of Apple's experts whose declarations accompany Apple's reply brief in its motion for a permanent injunction against Samsung. It also allowed Apple's request for two additional depositions if the court were to grant Samsung's request.
- Phil Schiller up again in next round of Apple-Samsung battle
- Nokia and HTC bury hatchet in patent disputes
- How about them apples: Google and Samsung ink patent deal
- Samsung's Apple damages equal to just 16 days' profit
- Supreme Court to get software patent case
- The latest move to kill bad patents divides tech industry
- Judge refuses to stay Apple-Samsung lawsuit pending patent review
- A huge damage award looms as Apple and Samsung return to court next week
- New patent reform bill targets trolls
- Samsung won't get a retrial in 'overscroll bounce' patent fight with Apple
- Best iPhone, iPad Business Apps for 2014
- 14 Tech Conventions You Should Attend in 2014
- 10 Desktop Apps to Power Your Windows PC
- How to Add New Job Skills Without Going Back to School
- Slideshow: 7 security mistakes people make with their mobile device
- iOS vs. Android: Which is more secure?
- 11 sure signs you've been hacked
Red Hat Enterprise Linux - The Original Cloud Operating System
Linux adoption is growing against a number of measures, such as the
number of supercomputers that run Linux and the size of the contributing...
- OpenStack Hype vs. Reality: CIO Quick Pulse Open-source architecture can enable IT departments to build infrastructure-as-a-service (IaaS) clouds running on standard hardware.
- Building a Bridge to the Next Generation Data Center Selecting a widely adopted operating system is a foundational component of a standardization strategy.
- OpenStack and Red Hat: IDC White paper Most OpenStack deployments are by public cloud providers that are early adopters of technology and use OpenStack in a do-it-yourself deployment and support...
- Webinar: Building a Big Data solution that's production-ready Big data solutions are no longer just a nice-to-have.
- Meg Whitman presents Unlocking IT with Big Data During this Web Event you will hear Meg Whitman, President and CEO, HP discuss HAVEn - the #1 Big Data platform, as well... All Legal White Papers | Webcasts