Court orders patents in Apple-HTC deal to be made public

Only the pricing and royalty terms of the agreement were allowed to be sealed

Apple's patent license agreement with HTC will not be put entirely under seal, except for the pricing and royalty terms, a court in California ordered in a patent infringement lawsuit between Samsung Electronics and Apple.

Judge Lucy H. Koh of U.S. District Court for the Northern District of California, San Jose division ordered Monday that the patents covered under the agreement will not be sealed. The Judge was ruling on a motion to seal the entire agreement between Apple and HTC.

A motion to seal before a court requests that documents and evidence should be prevented from being available to the general public.

"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," Judge Koh wrote in her order.

Apple and HTC announced last month that they had settled all their outstanding patent disputes in a settlement that includes a 10-year agreement under which the companies will license current and future patents from each other. The terms of the settlement were kept confidential and not disclosed.

The court ordered HTC last month to produce without delay an unredacted version of the agreement, after Samsung said it was relevant to its patent infringement dispute with Apple as it almost certainly covers at least some of the patents in the suit.

Apple's willingness to license patents in the suit may undermine its claim of irreparable harm and demonstrate that monetary remedies are adequate, Samsung said in a filing last month. Apple's motion for a permanent injunction on some Samsung smartphones comes up for hearing on Thursday.

HTC, however, said in a filing that the compensation terms in its agreement with Apple are highly "competition-sensitive."

The agreement would be made available only for viewing by the attorneys in the patent lawsuit, Magistrate Judge Paul S. Grewal wrote in an order last month.

Judge Koh said in her order that the court agrees that the Nov. 11 license agreement between Apple and HTC may be relevant to the permanent injunction analysis, and that Samsung could not have presented it earlier. Accordingly, she granted Samsung's motion for leave to file the HTC license.

Join the newsletter!

Or

Sign up to gain exclusive access to email subscriptions, event invitations, competitions, giveaways, and much more.

Membership is free, and your security and privacy remain protected. View our privacy policy before signing up.

Error: Please check your email address.

Tags smartphonesAppleAndroidlegalhtciPhonesamsungconsumer electronicsintellectual propertypatent

Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

John Ribeiro

IDG News Service
Show Comments

Brand Post

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Aysha Strobbe

Microsoft Office 365/HP Spectre x360

Microsoft Office continues to make a student’s life that little bit easier by offering reliable, easy to use, time-saving functionality, while continuing to develop new features that further enhance what is already a formidable collection of applications

Michael Hargreaves

Microsoft Office 365/Dell XPS 15 2-in-1

I’d recommend a Dell XPS 15 2-in-1 and the new Windows 10 to anyone who needs to get serious work done (before you kick back on your couch with your favourite Netflix show.)

Maryellen Rose George

Brother PT-P750W

It’s useful for office tasks as well as pragmatic labelling of equipment and storage – just don’t get too excited and label everything in sight!

Cathy Giles

Brother MFC-L8900CDW

The Brother MFC-L8900CDW is an absolute stand out. I struggle to fault it.

Luke Hill

MSI GT75 TITAN

I need power and lots of it. As a Front End Web developer anything less just won’t cut it which is why the MSI GT75 is an outstanding laptop for me. It’s a sleek and futuristic looking, high quality, beast that has a touch of sci-fi flare about it.

Emily Tyson

MSI GE63 Raider

If you’re looking to invest in your next work horse laptop for work or home use, you can’t go wrong with the MSI GE63.

Featured Content

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?