decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books
Your contributions keep Groklaw going.
To donate to Groklaw 2.0:

Groklaw Gear

Click here to send an email to the editor of this weblog.


Contact PJ

Click here to email PJ. You won't find me on Facebook Donate Paypal


User Functions

Username:

Password:

Don't have an account yet? Sign up as a New User

No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
HTC-Apple Stipulation Filed with Del. Court Contradicts FOSSPatents on Terms of Agreement ~pj | 186 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
HTC-Apple Stipulation Filed with Del. Court Contradicts FOSSPatents on Terms of Agreement ~pj
Authored by: Anonymous on Thursday, November 22 2012 @ 10:18 PM EST

Please read: fosspatents.com/2012/11/apple-htc-license- agreement-would.html

Now asked yourself where did FM got that from? It was not from the PACER or a legal source.

[ Reply to This | Parent | # ]

The difference is...
Authored by: Anonymous on Thursday, November 22 2012 @ 10:48 PM EST

Based on my non-legal understanding, if Apple wants, they can re-raise their case against HTC and HTC can't re-raise the same countersuit that has just been dismissed with prejudice.

Why HTC would agree to such a stipulation I can't imagine.

RAS

[ Reply to This | Parent | # ]

HTC-Apple Stipulation Filed with Del. Court Contradicts FOSSPatents on Terms of Agreement ~pj
Authored by: Anonymous on Friday, November 23 2012 @ 07:29 AM EST
From my humble understanding, it appears that HTC's side of the claims were
dismissed "with prejudice", which means that they are not allowed to
re-file those same claims again against Apple in another suit. While Apple's
claims were dismissed "without prejudice", which means that they can
re-file the same claims against HTC at some point in the future if they so
desire.

I understand PJ wanting to point out that FM was wrong about both side's claims
being dismissed "without prejudice", but the actual facts of the
dismissal still don't bode well for Android & FOSS in general. Apple could
apparently still sue HTC, or whatever company that might happen to acquire HTC,
over the same Apple patents that they just signed a cross-licensing deal over,
while HTC, or anyone that acquires HTC or their patents, cannot sue Apple over
the HTC patents that were just cross-licensed.

[ Reply to This | Parent | # ]

HTC-Apple Stipulation Filed with Del. Court Contradicts FOSSPatents on Terms of Agreement ~pj
Authored by: rsteinmetz70112 on Friday, November 23 2012 @ 11:56 AM EST
I think it's possible he got a draft from one of his inside sources.

It's more producible he is just plain wrong.

---
Rsteinmetz - IANAL therefore my opinions are illegal.

"I could be wrong now, but I don't think so."
Randy Newman - The Title Theme from Monk

[ Reply to This | Parent | # ]

That's not the way I read it.
Authored by: celtic_hackr on Friday, November 23 2012 @ 01:19 PM EST
The way it reads to me, is that Neither Apple nor HTC can re-raise any of the
claims or counterclaims in the Apple-HTC suit, but Apple can raise those claims
against "any other party", and "any other party" can raise
those counterclaims.

But also, HTC can't ever raise those counterclaims should someone buy Apple?

In other words, my reading is, HTC is completely protected, as long as no one
buys HTC. But IANAL, and I wish a lawyer, like Mark, would step up and respond
to this thread. It's that important for us non-lawyers to understand.

[ Reply to This | Parent | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )