“When the CEOs of Apple and Samsung, accompanied by several in-house lawyers, meet for their (court-requested) settlement negotiations on or before February 19, there will probably be flexibility on both sides relating to the billions of dollars in license fees that may change hands, but if Samsung wants a deal, it will have to accept, as HTC did before it, an anti-cloning provision that would allow Apple to still bring lawsuits if Samsung’s products resembled Apple’s offerings too closely in ways that could actually be avoided by means of designarounds,” Florian Müller reports for FOSS Patents.
“Yes, this may very well be a dealbreaker and require these parties to square off at the trial in their second California litigation, which is scheduled to begin on March 31,” Müller reports. “But no matter how much Samsung may hate the notion of an anti-cloning provision (it’s definitely at odds with the strategy that enabled Samsung to become the global market leader in smartphones), it’s s safe assumption that a deal will only come into being if Samsung accepts this. In a sworn declaration of January 16, 2014, Apple’s BJ Watrous, Vice President and Chief Intellectual Property Counsel, told the United States District Court for the Northern District of California that Apple’s ‘discussions with Samsung have consistently included limits to both the scope of any license and a prohibition against cloning Apple products.'”
Read more in the full article here.
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Analyst: HTC settlement worth up to $8 per phone for Apple; serve as model for future deals with Apple patent infringers – November 12, 2012
Apple and HTC settle global patent battle – November 11, 2012