Just days after Apple announced it had settled all its patent disputes with HTC, lawyers that had opposed Apple in a much bigger dispute—Apple v. Samsung—said that they wanted to see the settlement. Their argument was that if Apple had licensed to HTC patents it said it originally wouldn't license at all, then that should be considered in post-trial motions to determine whether Apple will be allowed to kick some Samsung phones off the market.
US Magistrate Judge Paul Grewal, who oversees discovery issues in the Apple v. Samsung litigation, ordered a last-minute hearing on the issue the day before Thanksgiving. The same day, he issued his order [PDF]: Apple will indeed have to disclose the amount and the terms of the settlement. Grewal also allowed both sides to conduct additional depositions relating to post-trial briefing over possible additional damages or injunctions.
However, the world will likely never know the exact terms HTC and Apple agreed on. The settlement will be revealed for "attorneys' eyes only," so only outside counsel litigating the dispute will be allowed to see the documents. Analysts' reports that the company could be paying $6 to $8 per phone were dismissed by HTC CEO Peter Chou as "outrageous."
The next step is a key hearing about whether Apple can get an injunction or additional damages. That's scheduled to be held in San Jose, before US District Judge Lucy Koh, in early December.
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