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Five years after patent trial, Samsung & Apple reach $548M settlement – but it’s not over yet

Men are silhouetted against a video screen with Apple and Samsung logos as he poses with Samsung S3 and Samsung S4 smartphones in this photo illustration taken in the central Bosnian town of Zenica, August 14, 2013. REUTERS/Dado Ruvic (BOSNIA AND HERZEGOVINA - Tags: BUSINESS TELECOMS) - RTX12L6W

Almost five years after Samsung was found guilty of infringing Apple patents, and some four trials later, the two companies have agreed to settle out of court for $548M. Samsung says that if Apple submits an invoice for this amount by the weekend, it will be paid within ten days, reports FOSS Patents.

As you may recall, Apple was initially awarded $1B in damages, then $450M of it was overturned and replaced with $290M, for a new total of $930M. The U.S. appeals court later decided that was still too high, and a new trial was set to take place next year unless the parties could reach a settlement in the meantime. That settlement has now been reached, but there’s a catch … 

While the two companies are mostly in agreement, Samsung says that it reserves the right to claim reimbursement should any subsequent legal finding affect the validity of the award.

Samsung further reserves all rights to reclaim or obtain reimbursement of any judgment amounts paid by Samsung to any entity in the event the partial judgment is reversed, modified, vacated or set aside on appeal or otherwise, including as a result of any proceedings before the USPTO addressing the patents at issue.

Apple notes in the case management statement that it disputes Samsung’s claimed right to do this.

Samsung had initially indicated that it intended to appeal the matter to the U.S. Supreme Court, something which now seems to have been ruled out by the settlement, but there remains another possible way for a large chunk of the damages to be set aside.

Separately from the trial, Samsung called on the United States Patent and Trademark Office to declare one of Apple’s patents – for pinch-to-zoom – invalid. So far, the USPTO has sided with Samsung in doing so, though Apple has an appeal in progress. The USPTO has also declared one of Apple’s design patents invalid. All of which leaves the possibility that Samsung could argue that Apple should repay part of the settlement.

So, settlement agreement or not, this one appears likely to run into a sixth year at least.

Photo credit: REUTERS/Dado Ruvic

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Comments

  1. usmansaghir - 8 years ago

    This is getting way out of hand! Both earn a massive amount of profits every quarter. End this quick! And Apple give us a better and longer battery life 😃

  2. shareef777 - 8 years ago

    So you needed an article to state that ABSOLUTELY NOTHING HAS CHANGED!?

    • flaviosuave - 8 years ago

      Actually a lot has changed, from a case development and legal perspective. What never changes, however, is that you can always count on stupid comments to 9to5Mac articles…

  3. scumbolt2014 - 8 years ago

    Samsung’s going to drag this out until they’re bankrupt so they can skate on paying.

    • rahhbriley - 8 years ago

      While hyperbolic, I don’t think Apple would mind this. Don’t you think AAPL would gladly write a billion dollar check to wipe them off the face of the planet?

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Avatar for Ben Lovejoy Ben Lovejoy

Ben Lovejoy is a British technology writer and EU Editor for 9to5Mac. He’s known for his op-eds and diary pieces, exploring his experience of Apple products over time, for a more rounded review. He also writes fiction, with two technothriller novels, a couple of SF shorts and a rom-com!


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