Samsung chasing details of HTC's patent agreement with Apple
17th Nov 2012 | 14:07
Offending patents may overlap
Samsung has asked to see a copy of the HTC-Apple patent licensing agreement, as it seeks to avoid a sales ban on its own products.
A week ago HTC and Apple ended their global legal squabbles and came to a broad 10-year agreement, which may earn Apple hundreds of millions each year.
Samsung, which faces the possibility of sales bans as a result of the crushing legal defeat at the hands of Apple this summer, thinks the HTC agreement can aid its own cause.
The Samsung camp is confident that some of the disputed patents, licensed by HTC, overlap with those the Koreans were found guilty of infringing, specifically, those related to zooming, scrolling and 'bounce back.'
In a filing to the court on Friday, a Samsung lawyer said Apple's apparent willingness to license its mobile payments should strengthen the case against an injunction on offending Samsung products.
"As you know, the issue of Apple's willingness to license its patents was briefed in Samsung's opposition to Apple's motion for permanent injunction," wrote Samsung counsel Robert Becher.
"This license has direct bearing on the question of irreparable harm and whether monetary remedies are adequate."
Samsung's answer may come at the next court hearing on December 6, during which Apple will seek to have at least 8 Samsung devices banned from sale.
Samsung, meanwhile, wants the $1 billion (UK£600, AUD$0.96) fine it received for infringing Apple's patents overturned.