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  • Judge Files Order Stating Apple is Entitled to Potential Ongoing Royalties from Samsung

    In a recently filed order, US District Court Judge Lucy Koh granted in part Apple’s motion requesting ongoing royalties from Samsung. That being said, there is only a slight chance that Apple will find a reason to collect. Judge Koh’s ruling awards Apple ongoing post-judgment royalties on possible continuing sales of Samsung models found in infringement of three Apple patents as well as products in the future similar to those already found to infringe.

    This particular order applies to the second Apple vs. Samsung trial where Samsung was found guilty of infringing on three Apple patents, two of which were decided by a jury.

    Florian Mueller of FOSS Patents noted that Apple isn’t guaranteed royalties from future Samsung sales but may potentially seek payments on ruled infringed products and only under very narrow circumstances. In this case, Apple would have to prove Samsung continued to sell offending devices post judgment and that these devices infringed its patent in the same way a trial jury decided previously.

    The public version of the ruling redacts the exact royalty amounts but it does specify separate rates for ten Samsung products and those “no more than colorably different” from adjudicated models. Mueller believes the final royalty will probably end up being made public in one of the upcoming appeals proceedings.

    Judge Koh’s judgment mentioned the following alongside todays order:

    For the reasons stated in the November 25, 2014 Order Granting Apple's Motion for Ongoing Royalties, Samsung is ordered to pay ongoing royalties for any continuing infringement at the per-unit rates set forth in that Order. Those royalties shall apply to products adjudicated to infringe U.S. Patent Nos. 5,946,647; 8,046,721; and 8,074,172, and to products "not more than colorably different therefrom." The starting date for any ongoing royalties shall be after the date of this Judgment.
    Samsung ended up quickly appealing the ruling in its own filing later today. We’ll have to wait and see what ends up happening in the future by waiting.

    Source: FOSS Patents via AppleInsider
    This article was originally published in forum thread: Judge Files Order Stating Apple is Entitled to Potential Ongoing Royalties from Samsung started by Akshay Masand View original post