Samsung fought until the bitter end to avoid paying Apple, but the company now says it will finally hand over the more than $548 million it owes for infringing the patents and designs of its biggest smartphone rival. In papers filed in federal court in San Jose, California on Thursday, December 3, Samsung Electronics Co. said it will make the payment by Dec. 14 if Apple Inc sends an invoice on Friday. Asked if it had done so, Apple declined to comment on it. The payment comes after a U.S. appeals court last May reduced a $930 million judgment against Samsung by $382 million, stemming from a 2012 verdict for infringing Apple patents and copying the look of the iPhone. In2011 Samsung was sued by Apple for patent infringement for features used on its smartphone units, such as “tap to zoom.”
But Samsung has also reserved the right to collect reimbursement if there are any further developments in the case, including results of proceedings before the U.S. Patent and Trademark Office that address the patents at issue. Apple has disputed Samsung’s asserted rights to reimbursement.Apple sued Samsung in 2011 alleging that Samsung phones infringed on several iPhone patents. It was awarded damages of $930 million by a jury in the U.S. District Court in California, which found that Samsung infringed Apple’s design and utility patents and diluted its trade dresses, which relate to the overall look and packaging of a product.
The U.S. Court of Appeals for the Federal Circuit reversed the jury’s findings that the asserted trade dresses are protectable, and vacated the damages relating to trade dress dilution. The decision still required Samsung to pay the $548 million in damages, while a jury trial – the third in the case – for a reassessment of the remaining $382 million in damages is scheduled for next year in the California court. But Samsung wanted the full bench of the Federal Circuit to consider its challenge of $399 million in damages from the $548 million, as the award included all of Samsung’s profits from infringing products even though the patented designs are only minor features of those products. The Federal Circuit refused to go along with Samsung.