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.
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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 | # ]
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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 | # ]
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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
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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.
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