The HTC-Apple Agreement Mostly Revealed ~pj Updated 2Xs

Posted by BernardSwiss on Dec 7, 2012 7:26 AM EDT
Groklaw; By PJ
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Apple and HTC chose what to redact (see Declaration of Robert Becher), and it's a lot. But we learn enough, despite their efforts, to know that it's a cross-license and a settlement of all the 52 litigations and various administrative actions then pending around the world. The "Payments" section is redacted, of course, but the plural means both paid something, as in crossing out a lot of the others' need to pay, and only HTC is listed as paying any royalties going forward. The other thing we learn is that Apple did not license its design patents, which isn't what Samsung was probably hoping it had done. But the rest of Apple's patents are licensed, which ought to matter in the Apple v. Samsung injunction analysis. There are some HTC utility patents excluded as well (see p. 4 and Ex. G of the agreement, p. 141 of the PDF), if I've read it right, the ones on loan from Google, I believe, and Apple reserves to itself all other IP it owns, like trade dress rights. All the litigation is dismissed mostly without prejudice, because one or the other might violate the agreement, but otherwise they agree to drop their disputes and basically leave each other alone.

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