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