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Samsung to Pay Apple Royalties, Sort Of

News by admin on Thursday November 27, 2014.

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Apple and Samsung have been locked in a constant war over the last two years as the companies fight each other in the courtrooms. Apple has already won several cases over Samsung in regards to patent infringements, but Cupertino was not happy with the punishment meted out to its Korean rival. It seems that Apple may have its way as Samsung could stand to be punished further.

Apple has won over $1 billion in damages from Samsung over the years, and while the companies have settled their international disputes, the war wages on in the US. Cupertino said after the last Samsung loss that the company should either have to pay more damages, royalties from sales, or have their products removed from the market entirely.

Judge Lucy Koh has been presiding over the cases and she seems to be siding with Apple. The company appealed the last victory for more damages and Koh concludes in a new order that Samsung should be paying royalties of each sale from devices that were found to have infringed Apple's products and patents.

That may not actually be a problem for Samsung anymore. That device found to have infringed three Apple patents are old models that are not widely available anymore. The company insists that it found a workaround for the patents in all models made since 2012, so will not actually have to pay any further royalties. Samsung has however said that it would appeal Koh's latest findings. The interesting thing is that Apple appears to be out for blood and what it feels it is owed. If now royalties actually materialize because the patents broken were on older devices, Cupertino is likely to press ahead seeking more damages and that sales ban.

In mid-December Samsung will respond to Apple's appeal of the denial of a sales ban in the second California litigation between these parties. Apple appealed that denial even before the final judgment in that case. It also tried, unsuccessfully, to speed up proceedings by asking the Federal Circuit to reconsider an order that granted Samsung a (customary) extension to respond. And it could now happen that the Federal Circuit will hear Apple's appeal of the injunction denial together with the parties' upcoming (we can set our watches by them) cross-appeal of the final judgment on the merits in the same case. That final judgment came down late on Tuesday by California time. It would make sense for the appeals court to discuss and adjudge the underlying liability issues and Apple's request for an extraordinary remedy at the same time.

source: FossPatents

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