US Judge Lucy Koh potentially granted Apple’s request for royalties on Samsung’s future US sales, reports Florian Müller of Foss Patents. While the judge didn’t fully agree with Apple’s motion, she did agree that Apple is entitled to obtain post-judgment royalties.
According to Müller, Koh found that all patent holders failing to win an injunction are entitled to ongoing royalties. What this means in the Apple vs. Samsung case is that the iPhone maker is entitled to receive an undisclosed per patent and per product amount on any Samsung products that infringe Apple patents, and use it the patent litigation.
Unfortunately, the public version does not include the amounts. What’s important to note, though, is that Apple can also obtain royalties on future Samsung products that are “no more than colorable different” from the adjudged ones.
Since this enters the post-judgment infringement category, Apple will need to go to the court, and will have to prove two things: first, that it is a post-judgment violation of patents; and secondly, that such infringement was previously identified by the jury.
