Samsung has fought back on other fronts too, including by asking the courts to declare invalid and vacate the damages in connection with the claim of an Apple patent known as the pinch-to-zoom patent, which figured in the lawsuit. Clearly, there’s no love lost between these two companies who have been battling it out in courts across the globe for about 4.5 years now. The partial settlement is significantly less than the $1 billion-plus awarded to Apple by a jury considering the case in 2012.
Advertisement
According to the San Jose Division of the U.S. District Court for the Northern District of California, Samsung Electronics is to pay Apple US$548 million as a compensation for patent infringement by Dec.14, within 10 days after a written application for payment is sent by Apple.
But Samsung wanted the full bench of the Federal Circuit to consider its challenge of $399 million in damages from the $548 million, as the award included all of Samsung’s profits from infringing products even though the patented designs are only minor features of those products. However, Apple refused to comment whether or not they have done so.
Apple, on the other hand, fully disputes this clause and stated that it does not agree with Samsung’s rights to reimbursement. Samsung notes that the Patent Trial and Appeal Board has issued a final decision of invalidity on the ‘915 Patent, and Apple filed a notice of appeal to the Federal Circuit in the USPTO last week. At one point, more than 50 cases between the two companies were pending in courts somewhere on the globe.
“After years of not getting a cent, more than half a billion dollars is significant”, intellectual property blogger Florian Miller wrote Thursday. That second case is scheduled for a jury decision next year.
“It looks like Samsung is only paying because they have to pay”. Of course, Samsung’s filing with the court indicates that the company will pursue all means to ask for their money back if any part of the ruling is ultimately reversed or modified.
Advertisement
He added, “The lawyers still have a lot of work to do and this could go on for quite a while”.
