Apple and HTC ended their patent war by signing a 10-year patent licensing settlement just a week ago; something Apple would like Samsung to do. While some analysts thought this could be a blueprint for the ongoing Samsung and Motorola litigation, the reality looks somehow different. Samsung is seeking more information regarding the recent settlement between its two competitors in order to possibly use it against Apple in their own current legal battles.
A Samsung executive expressed the company's position this week: they don't wish to settle their legal affairs with Apple, and will continue to litigate, although the Northern California jury ruled, their Galaxy line products infringe on Apple's patents and billed Samsung with over billion.
But the South Korean company just doesn't give up. In the fight for the No. 1 position on the smartphone market, currently held by Samsung, now the Android smartphone manufacturer wants to know the answer to the question both Apple and HTC declined to answer. Are all of Apple's patents covered by the 10-year agreement?
Samsung believes "it is almost certain" that the HTC deal covers some of the patents involved in its own litigation with Apple, Reuters reports. If yes, this recently inked deal could undermine Apple's effort to permanently ban the sales of products that copy its technology.
The reasoning is simple:
"Judges are reluctant to block the sale of products if the dispute can be resolved via a licensing agreement. To secure an injunction against Samsung, Apple must prove that the copying of its technology caused irreparable harm and that money, by itself, is an inadequate remedy," the Reuters article highlights.
This is interesting as during the heavily publicized trial, Apple's IP chief Boris Teksler said the company is generally willing to license many of its patents, except for those that cover what he called 'Apple's unique user experience' like touchscreen functionality and design. Yet, these holy patents could be the subject of a deal as the licensing agreement with Microsoft shows, which signed an anti-cloning agreement as part of the deal.
Do you think it's wise for Samsung to continue this battle, or should they concede to a deal as HTC did?Contact Us for News Tips, Corrections and Feedback