With mediation a failure, Samsung and Apple trudge back to court next month

With mediation a failure, Samsung and Apple trudge back to court next month
Judge Lucy Koh ordered both Samsung and Apple to undergo mediation to try to settle their differences before their upcoming trial. Even with eye to eye talks held between Apple CEO Tim Cook and Samsung Mobile CEO J.K. Shin, both sides were unable to reach the kind of agreement that HTC made with Nokia recently, preventing the former from having injunctions placed on the sale of its Android handsets in Germany.

After the high-level talks and mediation efforts, both sides filed a joint report that showed both companies reaching out a number of times to the mediator by phone. According to the report, Apple spoke to the mediator 6 times and Samsung 4 times, according to the report. While each side did say that it is willing to work through the mediator, unless a major breakthrough takes place, we will probably see both sides back in the courtroom at the end of next month, with more recent devices in the center stage. For example, the extremely popular Samsung Galaxy S III is one of the handsets at issue in the upcoming patent trial. 

Apple was said to be pushing Samsung to agree to a rather stringent anti-cloning agreement that the Korean manufacturer could not live with. Unless one side blinks, prepare yourself for the same media circus that surrounded the first trial, which resulted in Apple winning a $1.05 billion verdict. Judge Koh vacated $450 of the verdict and ordered a retrial on the damages, which resulted in Apple winning $290 million. Overall, Samsung owes Apple $930 million.

A copy of the joint report can be found below for you armchair lawyers out there.

source: WSJ, Scribd via SlashGear



1. cripton805

Posts: 1485; Member since: Mar 18, 2012

What patents exactly are they fighting for?

2. _Bone_

Posts: 2155; Member since: Oct 29, 2012

Is there an estimation how much publicity Apple made for Samsung during these lawsuits in media coverage? Samsung spent $14Bil on marketing last year, about $10Bil the year before, and of course it helped selling their products, but since there's no bad publicity and S3 sales actually skyrocketed around the 1Bil ruling, Apple's publicity might just made Sammy more famous than Samsung ads... Is ~$25billion worth of free Samsung circulation sounds about right?

4. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 2010

You could probably conclude that Sammy got ~$1B in 'free' marketing from the litigation. Which could explain Sammy's unwillingness to sign-off on an anti-cloning provision - they don't exactly see a downside yet. For a deal to get done, it has to be in both parties perceived benefit. Sammy could drag out appeals for at least another year, at which point, the devices that were the subject of the original litigation are no longer being produced by Sammy. The $900M is just cost of doing bidness.

5. darkkjedii

Posts: 31658; Member since: Feb 05, 2011

You could conclude what you want, but I'm sure you're not an official spokesperson for Samsung

8. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 2010

A bit defensive, eh?

10. darkkjedii

Posts: 31658; Member since: Feb 05, 2011

Nope not at all bruh, I just highly doubt you speak for Samsung, that's all. Dismiss it all u want, but a billion is a billion. No one wants to lose that.

12. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 2010

Ummm. When did I hold myself out as speaking for Sammy? I gave one possible perspective on why Sammy couldn't get to yes. A Billion is a Billion only if you have to write the check today. Besides, the court of appeal could reduce the jury award. That would be a net savings for Sammy.

13. joey_sfb

Posts: 6794; Member since: Mar 29, 2012

Agreed that Samsung is fighting because Samsung believe they are doing the right things. Both sides is unwilling to compromise. Samsung has been in the lime light ever since. Better than what HTC that has sign an agreement with Apple to be forgotten by almost every one. Sensation XE is my last HTC device. I am disappointed that HTC has no balls to fight Apple.

15. darkkjedii

Posts: 31658; Member since: Feb 05, 2011

If Samsung feels they're, then they shouldn't sign anything, and should continue to fight.

9. AstronautJones

Posts: 305; Member since: Aug 01, 2012

How noble of Apple then, huh? I don't think the hit to reputation is worth the "free advertising". most of the claims are bogus. I can buy the og touchwiz looked too similar, but the physical shape of the phone? I doubt a single person ever purchased a Samsung phone because they thought it was an iPhone.

3. darkkjedii

Posts: 31658; Member since: Feb 05, 2011

This has gotten to the point where I don't even care about it. Two huge tech giants, fighting over this n that, and in the end both will still get our money. I use Samsung and apple, so both getting my money is literal lol. Simply sell me the device I and my wife want, and I'm done with it. No time for politics, when I don't run, work for, own, or hold stock in either one. In the mean time, I can't wait to see Tanaka take the mound for the Bombers.

6. Alan01

Posts: 646; Member since: Mar 21, 2012

McCann says he came "as advertised" Alan F.

7. darkkjedii

Posts: 31658; Member since: Feb 05, 2011

I think he'll be a mid rotation guy. He looks good so far.

11. Topcat488

Posts: 1419; Member since: Sep 29, 2012

Ding, ding, ding, ding, ding, ding, ding, dinnnnnng........... FIGHT!!! O.o

14. xfire99

Posts: 1207; Member since: Mar 14, 2012

What they need is a psychologist to discuss theirs issues with.

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