Gardere Partner Peter S. Vogel told E-Commerce Times that the U.S. Patent and Trademark Office's finding that Apple's pinch-to-zoom patent is invalid will probably reduce Apple's damages claim against Samsung. However, Mr. Vogel added that Apple's exposure is much bigger than the Samsung trial.
"What we don't know – and that is not public information – is what companies are licensing the [invalidated] patent and paying fees to Apple," Mr. Vogel said. Probably those companies wouldn't have a case if they sought to have the money they paid to Apple returned, he speculated, "but they certainly wouldn't have to pay fees to Apple going forward. Given Apple's vigilant approach to patent infringement, it is likely there are many companies out there that are licensing this patent."
Mr. Vogel is chair of Gardere's Internet, eCommerce and Technology Industry Team.
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