updated 11:46 pm EST, Wed November 21, 2012
Samsung hopes to prove that no embargo on devices is required
In a ruling late today, US Magistrate Judge Paul S Grewal ruled that Apple and HTC must turn over its completely unredacted settlement agreement to Samsung. Samsung requested to the document to attempt to head off possible product embargoes, claiming that if Apple licensed any of its "untouchable" design patents to HTC, then "the settlement agreement undermines Apple's assertion that an injunction is a more appropriate remedy than money damages."
Samsung has also been granted further depositions of Dr. Karan Singh, Dr. John Hauser, and Marylee Robinson, on the grounds that they have new undisclosed opinions that Samsung wasn't given the opportunity to test. Samsung argued that the trio offer new opinions and calculations to support Apple's claims, and Samsung must be given the chance to cross examine the experts.
In a case of cascading witnesses as a result of the three Samsung depositions being granted, Apple has been given the opportunity to take depositions of Dr. R Sukumar, and Corey Kerstetter, as they were the declarants used by Samsung that Dr. Hauser and Robinson responded.
All five depositions must be made by November 29, well in advance of the December 6 hearing with Judge Lucy Koh to wrap up the first trial between Apple and Samsung. Each deposition has been ordered to take no longer than three hours.
The case was brought by Apple after Samsung ignored warnings in 2010 from both the iPhone maker and its rival Google that Samsung's products were too derivative of Apple's designs in both trade dress and software. Apple has accused the company of "slavishly" copying from its innovations, down to the particular shade of green used in the identical "phone" icon.
Samsung countersued Apple, claiming it had in fact infringed on two of Samsung's patents, for which it asked for $400 million in compensation. The claims from Samsung were wholly rejected by the first trial jury, and the company was awarded nothing. The jury trial that the devices were added to today spawned the sales injunctions on the Galaxy Tab 10.1 and Galaxy Nexus smartphone. The second trial is likely to take place in late 2013 or 2014.
Samsung Grant - Unredacted HTC Settlement