Samsung Electronics filed an application with the San Jose Division of the Northern District Court of California on November 20 (local time), asking the trial for damages settlement against Apple to be suspended temporarily.
The trial is a follow-up of the August 2012 judgment that Samsung has to pay US$1.05 billion to Apple for its infringement upon five of Apple’s patents. In the retrial, Apple has suggested damages of US$379.78 million where Samsung claimed the amount to be US$52.7 million.
Samsung demanded the suspension of the trial based on the fact that the pinch-to-zoom patent (US Patent Number 7844915), one of those that were judged to have been violated by the court of the first instance, has been deemed invalid by the US Patent and Trademark Office. The USPTO delivered the preliminary judgment in December last year and the final ruling in late July this year, mentioning that the patent in question has at least some controversy in terms of prior art and the clarity of the claims.
Apple has made the most of the pinch-to-zoom patent in its litigation against Samsung, claiming Samsung pay US$3.10 per smart phone for the infringement. In the retrial, approximately US$114 million has to do with the patent, which is about one-fourth of the damages to be resettled.