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Apple and HTC will have to give their settlement agreement to Samsung

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Earlier this month Samsung asked that the court force Apple to turn over its settlement agreement with HTC, and today US Magistrate Judge Paul S. Grewal granted that requested. According to Samsung, the document could play a vital role in determining whether it will need to take any of its products off the market in the wake of the $1.049 billion verdict Apple won back in August. If Apple licensed some of its unique user experience patents, Samsung argues, then Cupertino is clearly fine with competitors using that IP as long as it receives money in return — and since Apple will be receiving a payout in connection with the verdict, the extra step of an injunction isn't justified.

Apple's attorneys had previously agreed to share a version of the agreement that redacted the financial terms of the settlement; in a hearing today Samsung argued that the fees HTC is paying Apple indicate how much consumer demand there is for those features covered by the patents. While Judge Grewal did write that he was "more than a little skeptical" of Samsung's argument, he nevertheless ordered Apple to turn over the document. Unfortunately, it doesn't appear the details of the agreement will surface anytime soon, as it is being handed over subject to an "Attorneys-Eyes-Only" designation — basically, nobody but Samsung's legal team will get a look.

With the hearing on the injunction set for December 6th, we're just a couple weeks away before the trial takes its next wild turn.

The Verge
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