Apple settled its patent disputes with HTC last Saturday, and lawyers from Samsung were paying attention. Papers filed in federal court Friday show that by Monday afternoon, Samsung was asking to get a look at that license agreement.
It isn't exactly clear what patents are covered in the agreement, but at least two of the patents Apple was using against HTC were also being used against Samsung. If Apple licensed those patents, that wouldn't be in accordance with how a key Apple witness described the company's patent policies. At trial, Apple IP chief Boris Teksler said the company tended to not license its most "unique user patents" at all, especially to competitors, as Reuters noted today.
If Apple did actually license its most highly prized patents to HTC that could be ammunition that Samsung can use in post-trial motions now under consideration. After its stunning $1.05 billion loss to Apple before a San Jose jury, Samsung is on the defensive trying to stop Apple from winning an injunction that could kick some of its phones off the market. If Apple is indeed licensing those patents to a competitor like HTC—and the license agreement said it covered "current and future patents"—Samsung will be able to argue that Apple isn't suffering "irreparable harm," and should be satisfied with monetary damages.
"The HTC license bears directly on Apple’s assertion in its reply brief that 'Apple considers these patents ‘unique to its user experience’ and unavailable for licensing, particularly to competitors,'" Samsung lawyers wrote in an email to Apple.
Apple hasn't yet agreed to reveal the HTC license, so Samsung has now filed a motion asking US District Judge Lucy Koh to compel the company to do so.
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