November 19, 2012, 2:01 AM — Samsung Electronics asked a court in California to compel Apple to produce a copy of its settlement and patent license agreement with HTC, claiming the document is relevant to its own patent dispute with Apple.
Apple's willingness to license patents in the suit may undermine its claim of irreparable harm and demonstrate that monetary remedies are adequate, Samsung said in a filing on Friday.
HTC and Apple said earlier this month that they had settled all their outstanding patent disputes in a settlement that includes a 10-year agreement under which the companies will license current and future patents from each other. The terms of the settlement were kept confidential and not disclosed.
Apple has sought injunctions on the sale of a number of Samsung products for alleged infringement of its patents. U.S. District Judge Lucy H. Koh of the District Court for Northern California, San Jose division has scheduled a hearing in December to decide on Apple's plea for a permanent injunction on sales of some Samsung phones.
In August, a jury decided that Samsung must pay Apple US$1.05 billion for infringing several of its patents in Samsung smartphones and tablets. Samsung has, however, asked for a new trial of the case, alleging that the foreman of the jury did not disclose certain relevant information in the voir dire, a court procedure of questioning prospective jurors for potential bias. Samsung's motion will also be heard in December.
The license agreement between Apple and HTC almost certainly covers at least some of the patents in suit, including the '915 and '381 patents on which Apple seeks a permanent injunction in this case, Samsung said in the filing. U.S. Patent no. 7,844,915 refers to application programming interfaces for scrolling operations, while patent no. 7,469,381 refers to "List scrolling and document translation, scaling, and rotation on a touchscreen display."