Samsung has announced that it will pay Apple $548 million in damages for patent infringement but the company is reserving the right to obtain reimbursement if any judgements are reversed.
FOSS Patents notes that last month it was looking like Samsung would appeal to the Supreme Court. However, on Thursday afternoon, both companies filed a joint case management statement with the United States District Court for the Northern District of California which reveals that Samsung “has made arrangements to complete payment to Apple.” If the company receives an original invoice from Apple before the weekend Korean time, it will send $548 million to Apple by December 14th.
Despite the transfer of funds to Apple, Samsung is reserving the right to obtain reimbursement based on future judgements.
“Samsung continues to reserve all rights to obtain reimbursement from Apple and/or payment by Apple of all amounts required to be paid as taxes. […] 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 or as a result of any petition for writ of certiorari filed with the Supreme Court. Samsung notes that the Patent Trial and Appeal Board has issued a final decision of invalidity on the ‘915 Patent, and Apple filed a notice of appeal to the Federal Circuit in the USPTO last week.”
Notably, Apple says it “disputes Samsung’s asserted rights to reimbursement.”
FOSS Patents notes that this case will continue for quite some time as there are multiple patents held by Apple which USPTO is reevaluating.