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Thread: Judge Rules Patents in Apple-HTC Settlement Must Remain Unsealed

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  1. #1
    MMi Staff Writer Akshay Masand's Avatar
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    Default Judge Rules Patents in Apple-HTC Settlement Must Remain Sealed


    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.
    The order comes two weeks after Apple vs. Samsung Magistrate Judge Paul S. Grewal handed down a ruling ordering Apple to disclose the details of the company’s settlement with HTC. Samsung ended up filing a motion to compel the agreement in hopes of hindering Apple’s post-trial proceedings. Only Samsung’s lawyers have been allowed access to the documents, however Judge Koh’s ruling could reveal that Apple has licensed certain utility patents to HTC, most importantly the ‘381 “rubber-banding” and ‘915 “pinch-to-zoom” patents. The two properties were the topic of much debate during the Apple vs. Samsung jury trial which ended with a $1.05 billion decision in favor of Apple.

    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

    Twitter: @AkshayMasand

  2. #2
    iPhone? More like MyPhone
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    Your article title is completely wrong, please reread the article.

    "only the pricing and royalty terms of license agreements may be sealed."

    and directly from CNET

    "Patents in Apple-HTC settlement deal can't be sealed"

    "The Court has just explained that the only sealable terms of the license agreement are the payment and royalty terms. Thus, the list of patents covered by the agreement does not meet the 'compelling reasons' standard," Koh wrote.

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    My iPhone is a Part of Me mustard05's Avatar
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    I was about to comment with the same arguments. The article definitely threw me off.

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    MMi Staff Writer Akshay Masand's Avatar
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    Apologies for the confusion! Fixed.

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    Green Apple
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    If you guys keep insisting on using that picture, can you at least make it correct? One side cannot be lower than the other while the balance bar at the top is perfectly horizontal.

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    My iPhone is a Part of Me mustard05's Avatar
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    Quote Originally Posted by gehjl View Post
    If you guys keep insisting on using that picture, can you at least make it correct? One side cannot be lower than the other while the balance bar at the top is perfectly horizontal.
    That's just awesome.

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    Quote Originally Posted by gehjl View Post
    If you guys keep insisting on using that picture, can you at least make it correct? One side cannot be lower than the other while the balance bar at the top is perfectly horizontal.
    Actually the image is correct. The scale is turned clockwise on its base and the Apple side is actually farther away from the point-of-view than the HTC side. This results in HTC appearing to be lower when in reality it is at the same height. Further evidence of this is the balance arm that appears smaller on the left than on the right, making it clear that the scale is in fact turned.

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    Green Apple
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    I have notice ever since steve job died, they not putting out new products and they've been suing a lot more than building products? or even thinking of any good products.

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    My iPhone is a Part of Me mustard05's Avatar
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    Quote Originally Posted by Nerd View Post
    I have notice ever since steve job died, they not putting out new products and they've been suing a lot more than building products? or even thinking of any good products.
    What was released after the first iPhone , but before the first iPad???? Now, figure out the number of years between both of those releases( the first iPhone and first iPad). People make the most interesting comments some times

    Also, why is a bigger iPhone, called the iPad, revolutionary. BUT, a smaller iPad not revolutionary?

    And Steve jobs was the one with a hard-on for suing. Let's not forgot that.
    Last edited by mustard05; 12-04-2012 at 02:10 PM.

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