Quote:
Originally Posted by j.p.s
Then how could HTC use that as a basis to sue Apple?
|
A license can grant any rights that you choose. I don't know how you would word it, but I could see the license allowing HTC rights to sublicense.
However it is still a bit puzzling. The way that this game usually works is that both sides (Apple/HTC) have patents that block the other side. What results is a settlement where each is allowed to use the other's patents, with maybe the one with the weaker set of patents having to kick in a few bucks to equalize things.
In this case it starts with Apple telling HTC they can't sell android phones because they infringe on Apple patents. If HTC doesn't have patents of their own, they might have to exit the smartphone business HTC replies, well we've got these patents from google and you can't make iPhones without violating these. Since both sides want to stay in business they agree to cross-license and drop all suits.
However, next Apple goes to Samsung and sues them. Google can't license the same patents to Samsung because wouldn't help, Apple already has permission to use the patents from HTC.
Therefore it jakes more sense for Google to keep the patents and to negotiate the original deal n behalf of all Android licensees, not just HTC.
My only guess is that these are pretty week patents and Google doesn't see much value to them. HTC figures it can't hurt their case. If they lump them in with any other patents or issues that HTC has, perhaps it will add up to enough confusoion to make Apple step back. In this case Google says go for it because they don't think the patents have much value on their own.