HTC to Apple promised not copy him in secret deal
According to the document, HTC and Apple agree the right to use the Patents of others, and the signature of the block agree not to sue HTC for certain products covered, which are specified in the text. The agreement excludes the use of Apple’s design patents and nine patents to HTC, plus it will not cover any product that “clone” to Apple.
Apple explicitly excluded the possibility of licensing its design patents, which would eliminate the possibility of an agreement on that side for Samsung in its application. The apple company defined in the text the “distinctive user experience of Apple”, which seeks to protect the things that will license or permit others to use. This type of anti-cloning agreement had also appeared previously in an agreement between Microsoft and Apple.
In the event that the Cupertino firm feel that HTC has violated the rules and launched a product “cloned”, may request arbitration.
Inside the “signature experience” did not include the “pinch to zoom” ’915 patent protected by Apple, so that HTC can implement clone this gesture without violating the company or its design.
Samsung had access to the document in order to argue their case, about which Apple does not need a court order against their products to be compensated appropriately for possible violations of its patents. Theoretically, Samsung could pay licensing patents infringed in the court. However, Apple does not provide licenses for its design patents, which could complicate Samsung.
– Here’s Apple’s Settlement Pact with HTC (Well, the Parts’re Allowed to See) (All Things D)
– HTC Agreed not to ‘clone’ Apple’s products, but the pinch-to-zoom gesture is licensed (Foss Patents)