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Apple, HTC settle smartphone patent fight

#1 User is offline   Macworld 

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Posted 10 November 2012 - 08:45 PM

Post your comments for Apple, HTC settle smartphone patent fight here
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#2 User is offline   BuckusToothnail 

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  Posted 11 November 2012 - 05:02 AM

The reason for this settlement between Apple and HTC has very little to do with HTC's implementation of Android, which quite frankly, if that was the main reason for their dispute, Apple wouldn't have settled.

No, this settlement is about APPLE realizing it was facing a LOSING patent infringement battle against HTC and its LTE patents that could have lead to a sales injunction against all iPhone 5, iPad Mini and iPad 4 LTE models in the US.

The judge in the case had already cautioned Apple that he would have to be "overwhelmed with evidence" to grant their request to invalidate HTC's LTE patents. If he didn't invalidate those patents, it would basically be an air-tight case for HTC as Apple hadn't argued that they didn't use the technology covered by those patents (which is beyond dispute), only that HTC shouldn't have been awarded them.

It's not a surprise that the terms of the settlement were kept "confidential", but if they are ever released it will be revealed that it is APPLE paying HTC for licensing fees, not the other way around.
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#3 User is offline   Masahs2112 

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  Posted 11 November 2012 - 05:18 AM

Why should anybody take YOUR word as anything other than speculation?!?! ... and don't tell me you are patent lawyer or "in the know" because you don't know jack. Unless you were in the settlement meeting, then whatever you say is bunk.
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#4 User is offline   snagitseven 

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  Posted 11 November 2012 - 05:20 AM

Nice to read a comment from someone who was on the legal teams so we could get the true facts of the settlement.
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#5 User is offline   redgeminipa 

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  Posted 11 November 2012 - 05:54 AM

Quote

The reason for this settlement between Apple and HTC has very little to do with HTC's implementation of Android, which quite frankly, if that was the main reason for their dispute, Apple wouldn't have settled. No, this settlement is about APPLE realizing it was facing a LOSING patent infringement battle against HTC and its LTE patents that could have lead to a sales injunction against all iPhone 5, iPad Mini and iPad 4 LTE models in the US. The judge in the case had already cautioned Apple that he would have to be "overwhelmed with evidence" to grant their request to invalidate HTC's LTE patents. If he didn't invalidate those patents, it would basically be an air-tight case for HTC as Apple hadn't argued that they didn't use the technology covered by those patents (which is beyond dispute), only that HTC shouldn't have been awarded them. It's not a surprise that the terms of the settlement were kept "confidential", but if they are ever released it will be revealed that it is APPLE paying HTC for licensing fees, not the other way around.

Did you miss the article saying Apple co-owns over 400 LTE-related patents? I'd have a hard time believing Apple needed to use HTC's LTE-related patents by any measurable amounts.
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#6 User is offline   Hologram 

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Posted 11 November 2012 - 08:11 AM

View PostBuckusToothnail, on 11 November 2012 - 05:02 AM, said:


... snip ...

It's not a surprise that the terms of the settlement were kept "confidential", but if they are ever released it will be revealed that it is APPLE paying HTC for licensing fees, not the other way around.

That is pure speculation unless your are privy to the terms of the CONFIDENTIAL agreement. If indeed you are privy to those terms it is unlikely you would want to put yourself in the crosshairs of the DOJ and SEC by revealing them on a public forum.

The settlement between Apple and HTC is good news for both parties, as well as investors and consumers.

This post has been edited by Hologram: 11 November 2012 - 08:16 AM

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#7 User is offline   KPOM 

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  Posted 11 November 2012 - 02:00 PM

Quote

BuckusToothnail said
... snip ... It's not a surprise that the terms of the settlement were kept "confidential", but if they are ever released it will be revealed that it is APPLE paying HTC for licensing fees, not the other way around. That is pure speculation unless your are privy to the terms of the CONFIDENTIAL agreement. If indeed you are privy to those terms it is unlikely you would want to put yourself in the crosshairs of the DOJ and SEC by revealing them on a public forum. The settlement between Apple and HTC is good news for both parties, as well as investors and consumers.


Buckus has made virtually the same post on many sites (PCMag, MacRumors, The Verge, AllthingsD), except he added a paragraph about how Apple's stock price is going to spiral downward because Samsung is going to beat them in a lawsuit.

Anyway, HTC said that the agreement would not have a material impact on its financial statements. I take that to mean that they had already accrued a reserve for whatever they expect to pay out, and that the ongoing net royalties are small (Apple and HTC will cross-license some patents, and Apple presumably will make use of HTC's LTE patents and perhaps some other ones). In any case, it does seem that Tim Cook is walking back from Steve Jobs' "thermonuclear" strategy, except of course, for the case against Samsung. My guess is that if the US Federal Court ruling sticks, they will use it as leverage to broker a worldwide settlement with Samsung.
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#8 User is offline   windlasher 

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  Posted 11 November 2012 - 03:36 PM

Quote

BuckusToothnail said ... snip ... It's not a surprise that the terms of the settlement were kept "confidential", but if they are ever released it will be revealed that it is APPLE paying HTC for licensing fees, not the other way around. That is pure speculation unless your are privy to the terms of the CONFIDENTIAL agreement. If indeed you are privy to those terms it is unlikely you would want to put yourself in the crosshairs of the DOJ and SEC by revealing them on a public forum. The settlement between Apple and HTC is good news for both parties, as well as investors and consumers. Buckus has made virtually the same post on many sites (PCMag, MacRumors, The Verge, AllthingsD), except he added a paragraph about how Apple's stock price is going to spiral downward because Samsung is going to beat them in a lawsuit. Anyway, HTC said that the agreement would not have a material impact on its financial statements. I take that to mean that they had already accrued a reserve for whatever they expect to pay out, and that the ongoing net royalties are small (Apple and HTC will cross-license some patents, and Apple presumably will make use of HTC's LTE patents and perhaps some other ones). In any case, it does seem that Tim Cook is walking back from Steve Jobs' "thermonuclear" strategy, except of course, for the case against Samsung. My guess is that if the US Federal Court ruling sticks, they will use it as leverage to broker a worldwide settlement with Samsung.


lets hope so. sick of this crap, sick of all the trolls, sick of everything. if everyone would just agree on SOMETHING, they can get back to creating cool stuff.
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#9 User is offline   mosley 

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  Posted 12 November 2012 - 06:01 AM

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It's not a surprise that the terms of the settlement were kept "confidential", but if they are ever released it will be revealed that it is APPLE paying HTC for licensing fees, not the other way around.


"Wall Street Journal – HTC Corp. will have to pay licensing fees to Apple as part of its settlement agreement with the California-based company, a person familiar with the situation said Monday. Although it’s unclear how much the Taiwanese smartphone maker will have to pay Apple, given HTC’s deteriorating financial position, analysts said there are concerns about its long-term competitiveness."

Sorry Buckus, after measured and further enquiry, you seem to have been misinformed.
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