In the never ending story that is Apple’s and Samsung’s patent fight, Apple and HTC are ready to offer Samsung a look at their recently drafted license agreement. One might think that would quell the curiosity that Samsung has in the agreement but we suspect that this is yet the beginning of another chapter in the drama.
The documents of the agreement Apple and HTC will provide to Samsung will be heavily redacted (blacked out), offering just 33 words for Samsung to actually read. The rest is related to the fees that been agreed to between HTC and Apple and will be marked as “Highly Confidential – Attorney’s Eyes Only.” Apparently, the “Attorney’s Eyes Only” designation was Samsung’s idea, so HTC accepted that in lieu of limiting access of the agreement altogether.
Of course, Samsung’s lawyers want to see an un-redacted agreement, including the royalty rate. HTC has previously stated that rumors about what the license fees being paid were baseless. It also serves HTC to not have to reveal its costs from such agreements, so we can expect that HTC will challenge such motions. For Apple’s part, they state that Samsung has offered “no reason…why the consideration amount is relevant…”
It seems that curiosity is driving the request to see the fee structure, whereas it is the restrictions that Apple and HTC agreed to that would have a more practical bearing on Samsung’s strategy. The next hearing is scheduled for December 6th. We know you will be watching.
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