Summary: Apple’s imperialistic behaviour to enjoy no backroom treatment anymore
The judge in the Apple v. Samsung case, the Hon. Lucy Koh, has just ruled that the HTC-Apple license agreement that was signed on November 11 will be made public, the only exception being the pricing and royalty terms, which will be sealed. Samsung’s lawyers have already gotten to see them, but we won’t. But we will get to see the list of patents covered by the agreement. If the patents on the list are the same patents as in this case, it will make it much easier for Samsung to avoid an injunction. As you just saw in the Microsoft v. Motorola case in Seattle, if money can make you whole, you normally can’t get an injunction. And if they aren’t, there is a Samsung argument that customers don’t care about those features enough to pay for them, which could impact the damages figure. This will be part of what is discussed at the hearing on the 6th.
A lot of this is the result of software patents, which Apple hopes to take global (India’s policies on patents, suggests this new article, still appears to be influenced by the software patents lobby). Why do companies from Taiwan and Korea need to bow to US courts and play by the rules of some bureaucracy known as USPTO, run by an American cartel of multinationals? Is Asia now a US colony? These phones are all made in Asia, even though Apple is trying to USA-wash the hypePad with labels like designed and assembled (boxed?) in USA, based on a report from last week. █