Apple v. Samsung: Samsung will pay up, but can request a refund
Legal papers are a thick bunch. The language within them is about as close as you can get to a non-Newtonian fluid on paper without being a cornstarch slurry. Apple and Samsung have written their hefty shares of it over the past several years and Judge Lucy Koh had written hers on the part of the United States District Court for the Northern District of California.
It turns out that the latest stage of play has both rival companies in agreement, or at least, — in the legal sense — a joint case management statement: Samsung will pay the $548 million due to Apple if it receives the invoice by end of workweek in Korea. That bill date is scheduled for December 14.
This comes months after Samsung petitioned an appeals hearing on damages Apple assessed on a pinch-to-zoom API patent, one which the Patent Trial and Appeal Board of the US Patent and Trademark Office invalidated last week. The federal circuit court of appeals denied Samsung that hearing and it looked like we were on the precipice of a Supreme Court challenge between the world’s largest smartphone forces.
Samsung’s language in the statement allows for it to request future payments and/or reimbursements from Apple in the case of changes to the partial judgment against the chaebol regarding the API patent. Apple also has to pay any resulting taxes involved in the process.
Apple “disputes” Samsung’s reimbursement rights in the statement.
Indeed, this stupid long saga is not over: another Apple patent’s validity is being debated by the Patent and Trademark Office that could shift the onus of this case entirely to Cupertino.
We’re also waiting on the Supreme Court to take up or put down Samsung’s writ of certiorari on the matter.
Source: FOSS Patents