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Judge tells Samsung and Apple it’s time to make peace before both companies get hurt

Posted: , posted by Scott H.

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Judge tells Samsung and Apple it’s time to make peace before both companies get hurt
Who will win the Apple v. Samsung trial going on right now? According to the presiding judge, they may both be liable to lose. Judge Lucy Koh urged the two companies to arrange meetings between their CEOs to try and settle their differences before the trial goes before a jury, which should happen early next week. Koh said that based on the evidence presented she sees danger for both companies if a jury is allowed to rule, so she feels it would be in their best interest to put on their big-boy pants and figure out a way to settle this first.

According to the judge, if the main goal was to raise awareness about their respective IP, then Apple and Samsung’s mission is already accomplished. Going “all the way” could actually result in negative consequences. What could those be? Samsung naturally could end up having to pay Apple money (though probably nowhere near the amounts that Apple asked for) or have to change some of its phones to comply with a ruling. But Apple might also lose several of its patents and trade dress claims, some of which it is relying upon to sue other companies over.

Perhaps the most likely outcome is a hung jury; in a Federal court the decision must be unanimous (even in civil litigation), and with as many false starts, prior art, and differing timelines as the sides have shown it’s entirely possible that the jury simply won’t be able to agree with either side. In that case both Samsung and Apple would be out a lot of money for legal bills, and Apple at least would suffer from a greatly diminished fear of their IP.

Both sides agreed to arrange talks (presumably via teleconference), but Judge Koh has already got the two sides to talk several times before to no avail. Now that they’ve each seen what the other side is bringing to court, will they finally manage to work out a deal? We’re hopeful, but not optimistic…

source: Twitter feed

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posted on 15 Aug 2012, 15:58 28

1. D.Aceveda (Posts: 405; Member since: 30 Jun 2012)

Steve Jobs would roll in his grave if Apple made peace with Samsung/Android

posted on 15 Aug 2012, 16:18 3

11. Santi_Santi (unregistered)

Thats not true! its a cover because Apple doesnt has a case and Samsung is showing evidence of prior art, wicht nullifies Apples charges. Apple bought this case but now, even Koh is able to rule against Samsung...

posted on 15 Aug 2012, 16:24 20

12. D.Aceveda (Posts: 405; Member since: 30 Jun 2012)

That makes no sense and has nothing to do with what I said.

posted on 15 Aug 2012, 16:43 4

15. KParks23 (Posts: 684; Member since: 13 Oct 2010)

Well going by what the judge is saying she feels apple will not win this case and she prolly feels samsung will not win also and a hung jury will just cost everyone money.. And plain and simple that's what's going to happen

posted on 15 Aug 2012, 17:37 5

30. Droid_X_Doug (Posts: 5993; Member since: 22 Dec 2010)

Meh. This is just another attempt to get Apple and Sammy to settle. There are too many egos tied up in this case for there to be a settlement. Apple will spend every last dime it has and so will Sammy. Be ready for this to go to the Supremes. The only way this settles is when all appeals are exhausted.

posted on 15 Aug 2012, 19:11 1

36. Mxyzptlk (unregistered)

They don't deserve peace after stealing Apple's designs and infringing on their patents. Samsung brought it on themselves, so they need to do like every other oem and pay royalties on the patents they are using.

posted on 15 Aug 2012, 19:46 14

41. structureman116 (Posts: 141; Member since: 14 Sep 2010)

Hahaha...based on this comment, you are either a comedian or an idiot. I'm pretty sure you're not the former!

posted on 15 Aug 2012, 19:58 5

42. MISTER.H (banned) (Posts: 167; Member since: 03 Aug 2012)

Go educate your self, and knowledge ur horizon
befor posting bogus posts. Sorry refering to post 36 mxyzptlk

posted on 16 Aug 2012, 01:08 2

56. Mxyzptlk (unregistered)

There's nothing bogus. Samsung copied Apple a lot with their earlier Android phones. When I first saw a Samsung Android phone I thought it looked so much like an iphone.

posted on 16 Aug 2012, 07:44

60. structureman116 (Posts: 141; Member since: 14 Sep 2010)

The first Apple criphone was a copy of a Sony design and mimicked a Samsung F700 only without a sliding physical qwerty. Apple specializes in "stealing" others ideas and making them better...only now they cannot keep up with Samsung Android devices because they are spending too much of their money on stupid BS lawsuits instead of being innovative and trying to design a better phone.

posted on 16 Aug 2012, 01:07 1

55. Mxyzptlk (unregistered)

The truth isn't idiocy.

posted on 15 Aug 2012, 21:51 4

46. Berzerk000 (Posts: 4275; Member since: 26 Jun 2011)

Apple does have a right to defend their patents and collect royalties from those who do use them. But some of those patents shouldn't have been issued in the first place, because they are way too general and are nearly impossible to not use. I mean really, they are suing over a black rectangle. You can't patent a shape, or a color. The icons I can agree with, Samsung should've used some different icons.

posted on 16 Aug 2012, 01:09 1

57. Mxyzptlk (unregistered)

Why shouldn't they? If its their design they deserve to have a patent for it if they patented it. It goes beyond a simple rectangular shape.

posted on 16 Aug 2012, 01:27 2

58. Berzerk000 (Posts: 4275; Member since: 26 Jun 2011)

This is what they are suing Samsung for; a rounded rectangle, with the display centered inside that rectangle, and a physical home button. That is way too general. The home button I get, that has been a sort of trademark for Apple, the circular home button. But a rectangle with rounded edges and a centered display? That's ridiculous. It really doesn't go deeper then that. The similarities in hardware end at a rectangle, which Apple shouldn't have a patent for a shape. Software is a different story.

What else is everyone supposed to use as a shape for their devices? A square? Like the Pantech Pocket? That's horrible and very unattractive. Why should everybody have to pay Apple just so they can make a device with the only PRACTICAL shape for a smartphone? That isn't right.

posted on 16 Aug 2012, 20:52

69. OptimusOne (Posts: 694; Member since: 22 May 2012)

I like your sarcasm

posted on 15 Aug 2012, 21:45 3

45. MISTER.H (banned) (Posts: 167; Member since: 03 Aug 2012)

I think the judge kohl sees that Apple will loose as Sammy started
pouring out evidence, that's why she suggested a peace talk. Or
she may have been consulted by Apple for it. Not sure, maybe she
has done that for the benefit of her country, USA!

posted on 16 Aug 2012, 00:45 2

53. anywherehome (Posts: 971; Member since: 13 Dec 2011)

NO! never make a deal with rotten krApple just because of stupid patents.....not a penny to greedy, lying, stealing, bribing, corrupting, rotten Apple

Apple has ever invented NOTHING so they deserve NO money from "their" patents!

posted on 15 Aug 2012, 15:59 17

2. Non_Sequitur (Posts: 1111; Member since: 16 Mar 2012)

Big-boy pants. That made me laugh. XD

Anyway, I'm glad that this is happening here. I really just want this trial to end. It's stupid.

posted on 15 Aug 2012, 16:00 17

4. CharlieAtInfinity (Posts: 253; Member since: 10 Apr 2012)

I dont think a company like Apple can make peace with Samsung...

posted on 15 Aug 2012, 17:14 3

23. gallitoking (Posts: 4721; Member since: 17 May 2011)

as long as they can do business I am fine

posted on 15 Aug 2012, 16:07 21

5. redmd (Posts: 1398; Member since: 26 Oct 2011)

Apple and peace don't mix.

posted on 15 Aug 2012, 16:09 2

6. GuiltyBystander (Posts: 199; Member since: 05 Mar 2012)

I really hope things turn out well.. But I doubt.

posted on 15 Aug 2012, 16:11 7

7. Luuthian (Posts: 306; Member since: 09 Sep 2011)

I'd actually prefer neither makes peace. The money Samsung would need to pay Apple is negligible. If there's a likelyhood that Apple will lose the right to several of its goofy patents, I say go it. Not only will it dimish the fear of being sued by them but it'll open the road for other developers get more creative, and less restrictive, with their devices. There won't be this awkward sword hanging over everyones heads simply because they decided they wanted to swipe an icon horizontally to open a phone.

posted on 15 Aug 2012, 16:11 17

8. maxican16 (Posts: 364; Member since: 29 Sep 2011)

Going thermonuclear doesn't leave much room for peace. Apple's head is too big.

posted on 15 Aug 2012, 16:12 6

9. InspectorGadget80 (unregistered)

For once the judge done something right. APPLE better makes piece or SHE WILL DROP THE CASE ON THEIR A$$

posted on 15 Aug 2012, 16:13 4

10. -box- (Posts: 3991; Member since: 04 Jan 2012)

I wonder if she is saying that because of compelling evidence one way or the other, or to actually try to end the misery? Everything Samsung has brought before the court has seemed very interesting, so I'm wondering if she's doing this as a protective measure for Apple (or even Samsung, depending on the mood & beliefs of the court?)

posted on 15 Aug 2012, 16:41 7

13. XPERIA-KNIGHT (unregistered)

could be......but great advice has been laid out there.....Now its time for apple to swallow its pride and accept it or suffer the consequences.... period

posted on 15 Aug 2012, 21:42 5

44. MartyK (Posts: 958; Member since: 11 Apr 2012)

Yes she knows Samsung has Apple throat, and there is nothing she can do to stop this choke hold...lol

posted on 16 Aug 2012, 00:04

51. Droid_X_Doug (Posts: 5993; Member since: 22 Dec 2010)

If there was compelling evidence either way, summary judgement would have been granted. The statement that both sides have something to lose is more rhetorical than anything. Both sides of any litigation have something to lose if the case goes against them - you don't file a lawsuit if you have nothing to lose (or have already lost).

posted on 15 Aug 2012, 16:55 4

16. speckledapple (Posts: 892; Member since: 29 Sep 2011)

Now it has become interesting. It seems that the case for both companies has surely been made and like the article said both would lose out. This would be hurtful for both companies yes as Samsung would be admitting to infringing by paying but the real loser would probably be Apple and its lost patents and future litigation against other companies for things they simply no longer own and can no longer claim.

Knew this case would have wide ranging effects and it looks like its true.

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