Samsung won't have to pay Apple $1bn until 2013
- — 10 September, 2012 13:28
Samsung will not have to pay Apple any of the $1bn awarded to it during the California Apple versus Samsung trial until next year.
Foss Patents explains that with the hearing on post-trial motions being set for 6 December, and the fact that any verdict entered in favour of Apple and against Samsung, will be stayed for 14 days, "we're talking about the early part of 2013."
In the meantime, Foss Patents suggested that there are a number of different options. For example, Apple could "withhold some payments for components until the post-trial motions are resolved".
The timing of the December hearing, calls into question another issue. Apple is pushing for the judge to bring forward her decision on its injunction requests against Samsung devices based on the outcome of the trial. The company is complaining that the judge will discuss an existing injunction against the Galaxy Tab 10.1 in September, and then the remaining injunction requests in December. Apple filed a motion last Thursday, complaining about the court's "asymmetrical" schedules. Apple is likely keen to get its injunction requests against the Samsung products identified as guilty of copying Apple patents by the jury, heard before the busy Christmas shopping period. It also wants to ensure that the current injunction against the Galaxy Tab 10.1 stays in place, notes Foss Patents.
There is also litigation in a number of countries to take into consideration. As noted by the Korean Herald, Apple and Samsung will meet again this week in a court in the Netherlands. There are also trials scheduled in Italy, France and Germany. In the UK the case is due to go to appeal in the autumn, after a judge ruled that Samsung didn't copy the iPad.
Regarding the payment of the $1bn from Samsung to Apple, Foss Patents notes: "Apple had to post bonds to seek enforcement of preliminary injunctions, or to proceed with its German lawsuits Maybe they've reached a global agreement on how to handle the need to post bonds in different jurisdictions in the near term."
The Netherlands trial is scheduled for Friday 7 September, in a court in The Hague. The court has already ruled that Apple had violated Samsung's patent involving 3G technology and ordered that Apple must pay damages since its iPhones 3G, 3GS and 4, and iPad 1 and iPad 2 all violated the patent in question.