To the tune of $840 million. But guess what!

Apple is appealing that decision and Monday's settlement is contingent on the outcome of that appeal.

"As set forth in the memorandum of understanding, any payment to be made by Apple under the settlement agreement will be contingent on the outcome of that appeal," Steve Berman of Hagens Berman Sobol Shapiro, the plaintiffs' lead lawyer, wrote in a letter to the judge.

Berman declined to comment on the settlement until the final papers are filed. Kristin Huguet, a spokeswoman for Apple, also declined to comment on the settlement.

Because of course the payment in contingent on the appeal. Also: "As set forth in the memorandum of understanding" is the most poetic lawyering I've ever heard.