Apple Can’t Hide Anymore

Apple (NASDAQ:AAPL) has been ordered to show Samsung (SSNLF.PK) the details of its legal settlement and patent cross-licensing agreement with HTC. Magistrate Judge Paul S. Grewal wrote in an order that Apple would have to present an unredacted version of its settlement, which will be attorneys-eyes-only and not publicly available.

Apple and HTC previously agreed to disclose the settlement with all financial details redacted. However, Samsung made a case for reviewing the licensing terms with the hope of applying them to its opposition of Apple’s bid for several permanent product sales injunctions against it. A federal jury found Samsung guilty of patent violation in August and awarded Apple $1.05 billion in damages. Apple then asked the court if sales of the infringing products belonging to the Korean company could be permanently banned in the U.S.  Samsung is hoping to show that a royalty-based settlement is a more suitable alternative to the sales bans.

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While HTC filed a court response saying providing the details would be harmful, Judge Grewal said the court was not persuaded by the Taiwanese company’s assertions. “Many third parties to this case have had their licensing agreements disclosed — without any redaction of financial terms — subject to an Attorneys-Eyes-Only designation because the confidential financial terms were clearly relevant to the dispute between Apple and Samsung,” the judge wrote in the order. “HTC is not entitled to special treatment, especially when it has recognized the general sufficiency of the protective order and the integrity of Samsung’s outside counsel.”

The next hearing, which is essentially part of post-trial proceedings related to the August decision, is scheduled for December 6. While Apple will make its case for the sales bans, Samsung is hoping to get the whole trial thrown out on allegations of jury misconduct.

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