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

Specifically, the Patent Office has issued an advisory that declares the patent on Apple’s “pinch to zoom” gesture invalid. This is the only patent in this case for which Apple can collect damages for lost revenue. Samsung argues that the jury’s decision should also be overturned since Samsung cannot be held liable for violating an invalid patent.

Tonight the court disagreed with Samsung, however, noting that Apple still has several options for appealing the invalidation and reclaiming the patent, at which point the jury’s decision would remain valid. US District Court Judge Koh ruled that the $290 million in damages is to be paid until the final word on the patent’s validity is determined. Only then can Samsung petition for a stay of damages.

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