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Jeff Causey
Guest
In a new joint filing with the courts submitted by Samsung and Apple, Samsung has agreed to pay over half a billion dollars to Apple pursuant to the judgment against them in a patent dispute between the two companies. This “sort of” settlement comes nearly five years after Apple’s original complaint and several years after Apple succeeded at the trial court level. Thus far, Samsung had not paid a single penny on the original award that was over $1 billion, but now they have agreed to make a payment of $548 million, the current amount owed after a series of appeals and adjustments. Despite agreeing to this payment, Samsung thinks they are retaining the right to possibly get some of this money back at some time in the future, a point that Apple disagrees with.
According to the case management document submitted to the court, Samsung reserves
“all rights to obtain reimbursement from Apple and/or payment by Apple of all amounts required to be paid as taxes. […] Samsung further reserves all rights to reclaim or obtain reimbursement of any judgment amounts paid by Samsung to any entity in the event the partial judgment is reversed, modified, vacated or set aside on appeal or otherwise, including as a result of any proceedings before the USPTO addressing the patents at issue or as a result of any petition for writ of certiorari filed with the Supreme Court.”
Samsung was recently denied a petition seeking an en banc hearing with the Federal Circuit Court of Appeals on whether Apple could get payments for patents that have subsequently been ruled invalid by the U.S. Patent and Trademark Office. Samsung seems to think the ‘915 pinch-to-zoom patent, ruled invalid by the USPTO, should no longer be considered for damages. Signs point to Samsung seeking additional relief with the U.S. Supreme Court over some of the design patents that were part of the original lawsuit as well.
Apple disputes the possibility that Samsung could legally claw back some of the monies owed even if the patents that served as the basis for damages are ultimately ruled invalid and indicate this position in the case management filing. According to the filing, Samsung will complete payment to Apple no later than December 14th if they receive an invoice from Apple before the weekend starts in Korea.
source: U.S. District Court
via: FOSS Patents
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