Samsung has been eavesdropping after all. Last week, Apple and HTC shocked the entire tech industry when both signed a 10-year licensing agreement for “current and future patents.” Although the details of the deal were not disclosed, a critical question lingers – does the deal include all of Apple’s patents? Moreover, does it include Apple’s so-called “Holy Patents,” patents relating to unique user experiences such as touchscreen functionality and design, patents that cannot be licensed to competitors?
Because if the agreement indeed includes such precious patents, then Samsung might be willing to negotiate, contrary to previous reports. According to Reuters, Samsung has asked a U.S. judge today to order Apple to turn over a copy of its agreement with HTC. Apparently the South Korean tech giant believes that the Apple-HTC deal also covers a few patents involved in its own lawsuit with Apple.
Given the case, Samsung could be seeing an opportunity here to undermine Apple’s effort to permanently ban its products. Judges handling the case are hesitant to implement a permanent injunction on any of Samsung’s products, knowing that the case can be resolved through a licensing agreement. “To secure an injunction against Samsung, Apple must show the copying of its technology caused irreparable harm, and that money, by itself, is an inadequate remedy,” Reuters added.