Monday's testimony in the Apple v. Samsung trial has revealed more about the patent licensing deal Apple offered to Samsung in 2010—including the fact that Microsoft accepted a similar deal granting access to some of Apple's design patents.
Apple Patent Licensing Director Boris Teksler testified that design patents at stake in the Samsung trial were licensed to Microsoft, as reported by Reuters. But Microsoft is not allowed to simply build iPhone or iPad clones—which is exactly what Apple accuses Samsung of doing with its various Android-based devices. "There was no right with respect to these design patents to build clones of any type," Teksler said, according to Reuters.
According to CNET, Teksler said the deal with Microsoft provided access to all patents in the Apple v. Samsung case, but with provisions to prevent clones. The Verge notes that the anti-cloning provisions date back to the cross-licensing agreement Apple and Microsoft signed in 1997. The patents at issue in this case are much newer (like this one filed for in 2007), so Teksler may have been talking about a new agreement or updates to the original one.
Certainly, Microsoft's Windows Phone operating system and Windows 8 for tablets offers an extremely different interface from the ones produced by Apple and Samsung. Rather than a sea of icons, Microsoft's interface—formerly known as Metro—presents applications and data in a customizable series of live tiles. Microsoft is no stranger to patent licensing agreements, as it has struck deals with most major Android hardware vendors, giving Microsoft a cut of each sale. The specific numbers in the Apple/Microsoft deal were not revealed.
Apple offered to license some of its patents to Samsung in October 2010 for $30 per smartphone and $40 per tablet. But just like the deal struck with Microsoft, the offer was limited. "We were clear we weren't offering a license to everything," Teksler said, according to CNET. "We had yet to discuss some what we termed 'untouchables,' if you will."
Those "untouchable" features Apple would not license are the ones related to the iPhone's user interface, as noted by All Things D. Besides the core user interface, Apple claims Samsung copied various types of touch gestures as well as the general size and shape of Apple products.
Apple is still presenting its case and may wrap everything up today. After that, Samsung will have an opportunity to present its defense.
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