In a recent court filing, Samsung entered a proposed motion to compel Apple to reveal the undisclosed particulars of its recent two-year licensing deal with HTC. This move is one that could potentially sway the court’s decision in handing down a sales ban against Samsung’s products. The filing, which is part of the post-trial proceedings of the Apple vs. Samsung patent trial, looks to force Apple to reveal whether a recently announced agreement with HTC covered all of the company’s patents. This revelation could possibly change how existing and future lawsuits regarding intellectual property are handled.
According to Reuters, if Apple did include its entire patent portfolio, the whole deal with HTC could weaken its bid for an injunction against Samsung’s products. This is the case because courts tend to resolve patent disputes through licensing deals rather than injunctions, with plaintiffs needing to prove irreparable harm that can only be solved with a sales ban. The deal with HTC can possibly reveal that Apple is open to accepting monetary compensation for its patents and if that’s the case, it makes it more difficult to prove that an injunction against Samsung’s products is the only solution.
The motion that was filed also included email correspondence between the Apple and Samsung counsel, showing that Apple is still currently deciding whether to reveal the HTC license details willingly. Apple lawyer, Richard Hung, said the following “Apple continues to consider Samsung’s request for the HTC agreement, but notes that is will need to seek HTC’s consent to produce the agreement.” According to the proposed motion, Apple will need to file its opposition to Samsung’s request by November 20, 2012.
Source: Reuters
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