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  • Samsung's Bid to Stay Damages in Retrial Denied


    Last week a jury determined that Samsung violated several of Apple’s smartphone patents, a ruling which resulted in Samsung facing $290 million in fees for damages and lost revenue to Apple. Following the decision, Samsung filed for an emergency motion with the court to stop the payments while the United States Patent and Trademark office re-evaluated the validity of Apple’s key patent.

    To be more specific, the Patent Office was issued an advisory that declared the patent on Apple’s “pinch to zoom” gesture invalid. This was the only patent in this case for which Apple can collect damages for lost revenue. Samsung argued that the jury’s decision should also be overturned since Samsung can’t be held liable for violating a patent that is invalid.

    Despite their claims, the court recently disagreed with Samsung noting that Apple still has several options for appealing the invalidation and reclaiming the patent, at which point the jury’s decision would continue to remain valid. US District Judge Lucy Koh ruled that the $290 million in damages is to be paid until the final word on the patent’s validity is determined. That will be the only time Samsung can petition for a stay of damages.

    Overall, the ruling is in favor of Apple and Samsung seems to have lost once again.

    Source: FOSS Patents, Scribd
    This article was originally published in forum thread: Samsung's Bid to Stay Damages in Retrial Denied started by Akshay Masand View original post
    Comments 7 Comments
    1. smith01's Avatar
      smith01 -
      So Samsung have to pay for a invalid patent. Proof the American legal system is for the local and ignore the foreigner.
    1. tekwiz's Avatar
      tekwiz -
      Quote Originally Posted by smith01 View Post
      So Samsung have to pay for a invalid patent. Proof the American legal system is for the local and ignore the foreigner.

      More like proof you can't read or you just don't understand the way the system works.

      More like you don't understand it's not truly invalid until all legal challenges are exhausted. So sorry.
    1. Dizzy714's Avatar
      Dizzy714 -
      Quote Originally Posted by smith01 View Post
      So Samsung have to pay for a invalid patent. Proof the American legal system is for the local and ignore the foreigner.
      Obviously wasn't an invalid patent..
    1. tridley68's Avatar
      tridley68 -
      Quote Originally Posted by smith01 View Post
      So Samsung have to pay for a invalid patent. Proof the American legal system is for the local and ignore the foreigner.


      Thats teaching them a lesson Apple maybe they will think twice before doing this again ! but probably not .
    1. King_O_Hill's Avatar
      King_O_Hill -
      Yes! We like to ignore the foreigner.
    1. dwizurd's Avatar
      dwizurd -
      I still listen to Foreigner's greatest hits album, does that not count?
    1. claustin's Avatar
      claustin -
      Quote Originally Posted by tridley68 View Post
      Thats teaching them a lesson Apple maybe they will think twice before doing this again ! but probably not .
      I would say definitely not. In the world of mobile it's their main design philosophy.

      Quote Originally Posted by dwizurd View Post
      I still listen to Foreigner's greatest hits album, does that not count?
      HA! If this site had a like or up-vote system you would receive one from me.