Law360 interviewed Manatt's Yasser El-Gamal, co-chair of the firm's Intellectual Property practice, for an article on Samsung's long-running patent dispute with Apple Inc. Samsung recently agreed to pay Apple $548 million while reserving its right to seek reimbursement based on future court rulings.
Law360 reports that Samsung made it clear that its "involuntary obligation to pay" Apple as part of a recent Federal Circuit ruling will not end its dispute over alleged smartphone patent infringements. One path the Korean tech giant may take is to file the case with the U.S. Supreme Court to consider the damages available for design patent infringement.
"If it gets overturned by the Supreme Court, I'm not sure why the court couldn't reverse the amount of the judgment," said El-Gamal.
A company agreeing to pay a patent damages award while continuing to contest it is "a very interesting situation and one that you don't see very often," he added.
Read the article here.