In a recent ruling, Judge Lucy Koh said that the patents Apple and HTC are cross-licensing as part of their ten-year deal will not remain sealed. The move indicates that the information will be shared in the public. According to Judge Koh, the information does not present “a sufficient risk of competitive harm to justify keeping it from the public.”
The particulars that may be documented for public review are patents from both Apple and HTC with some of the properties possibly being closely-guarded “user experience” assets that Apple rarely shares. From the order:
As regards the motion to file under seal, this Court has repeatedly explained that only the pricing and royalty terms of license agreements may be sealed. Only these terms, and not the rest of the agreement, meet the “compelling reasons” standard articulated by the Ninth Circuit for sealing filings related to dispositive motions and trial. There are compelling reasons to seal pricing and royalty terms, as they may place the parties to the agreement at a disadvantage in future negotiations, but there is nothing in the remainder of the agreement that presents a sufficient risk of competitive harm to justify keeping it from the public. Accordingly, Samsung’s motion to seal is GRANTED with regard to the pricing and royalty terms of the agreement only, and DENIED with regard to the rest of the agreement.
Apple and HTC ended up closing a few lawsuits including two ITC cases, with a ten-year agreement that called for the dismissal of all current and pending litigation. Post-trial proceedings will continue on Thursday when both companies are scheduled to discuss their respective motions, including one where Apple sought out to ban eight Samsung products, while Samsung requested to have the whole trial thrown out due to alleged jury misconduct.
Source: CNET via AppleInsider