On December 3, 2015, Samsung and Apple filed a joint case management statement (Statement) in the US District Court for the Northern District of California (District Court) where Samsung indicated its agreement to pay Apple US $548 million in partial settlement of their longstanding patent dispute.  In 2015, Samsung lost its appeal of the District Court’s finding that Samsung infringed design and utility patents owned by Apple and was refused a re-hearing of the appeal en banc (for prior reporting on this case in E-TIPS newsletter, click here).

In the Statement, Samsung reserved its right to claim reimbursement from Apple of the amount paid if the finding is later reversed, modified, vacated or set aside on appeal. Samsung noted in the Statement that the US Patent Trial and Appeal Board (PTAB) had since issued a final decision of invalidity relating to one of the asserted Apple patents.  Apple has a filed a notice of appeal from the PTAB decision with the US Federal Circuit.  In the Statement, Apple disputed Samsung right to reimbursement if the PTAB decision stands.

E-TIPS® ISSUE

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