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Apple Samsung Settlement Talks Fail: Next Stop, Trial

Discussion in 'Off-Topic Discussion' started by CatfishRivers, May 24, 2012.

  1. CatfishRivers

    CatfishRivers Well-Known Member

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    Apple, Samsung settlement talks fail: Next stop, trial | ZDNet (click for full article)

    "Despite Apple and Samsung's chief executives being forced by a court order into a room for two days, there were still hopes the two companies could patch things up and sort out their legal differences ahead of a trial date.


    As expected, however, the two chief executives couldn't push past their differences, according to a Samsung official speaking to the Korea Times.


    Ding, ding, next stop: the case goes to trial.It should probably come as no surprise that the two failed to work things out. Less than a fortnight ago, a U.S. appeals court overturned a lower court's decision giving Apple the green light to seek a ban on Samsung's Galaxy Tab 10.1 tablet in the United States.


    Had Apple held off, it would have sent the strongest signal yet that the settlement could work. But Apple being Apple, it went ahead and sought the ban. Assuming U.S. District Judge Lucy Koh, who ordered the settlement talks in the first place, doesn't decide on recalling the two companies back to the discussion table for a second time, it can be reasonably assumed a lengthy and costly trial is the final option.


    Samsung chief executive Choi Gee-sung, along with mobile division chief Shin Jong-kyun, met with Apple boss Tim Cook and his legal team in California for nine hours on Monday and seven hours on Tuesday.


    Samsung reportedly demanded Apple pay royalties for using its wireless transmission patents, and Apple continued to claim Samsung had copied its design in its Galaxy line of products. Having said that, Apple already had the upper hand. Samsung would have likely gone into the talks to negotiate its position, knowing that Apple can pay for a license to Samsung's patents - which must be licensed under fair and reasonable terms - while Apple can withhold access to its own patents.


    The court-ordered settlement talks were conjoured up in the hope that the two companies could resolve their respective claims over the two-day session. Though the two were never likely going to find a resolution outside a court room, it was hoped an unlucky jury could be spared the apparent hell of sitting through potentially weeks or months of battling in one of the most complex and confusing patent cases the U.S. courts has seen in years.


    The case will go to trial on June 27, according to AllThingsD."
     
    Last edited: May 24, 2012
  2. ChrisG8

    ChrisG8 Well-Known Member

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    It looks like Samsung may have won the South Korean court battle, although damages were probably not enough to even pay for one day for their legal team working on the suit. Both companies have been barred from selling some infringing products in South Korea, not a huge market for the products that can no longer be sold so I can't say whether Apple or Samsung really won when the total judgment is calculated and it may be both sides can claim victory and nobody can prove either would be wrong.

    Seoul court rules Samsung didn't violate Apple design - Yahoo! Finance
     
  3. ChrisG8

    ChrisG8 Well-Known Member

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  4. ChrisG8

    ChrisG8 Well-Known Member

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    Reading about that case makes me sick, patent attorneys and business analysts will be able to make more sense out of it than I can but Samsung better be able to win some issues on appeal or face grave consequences. I don't know if the Android operating system itself is going to be in serious trouble eventually or not.
     
  5. CatfishRivers

    CatfishRivers Well-Known Member

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    With Samsung spanked, could Google be next? | ZDNet (click for full article)

    "Today's jury award of $1.05 billion in damages to Apple after Samsung was found to have blatantly ripped off its designs will have a ripple effect through the entire Android community. I wouldn't feel too good if I was HTC right now -- or Google.


    After 21 hours of deliberation, a nine-person jury sided with Apple on a majority of its patent infringement claims against Samsung. Apple originally asked for $2.75 billion in damages, Samsung asked for $421 million in its countersuit and got nothing. (Complete coverage).


    While Samsung's the biggest offender, almost every Android smartphone looks practically the same these days and just about any Android OEM could be the next target of Apple's legal team. "
     
  6. phoenixskyrider

    phoenixskyrider New Member

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    It is surprising to know that in the US patent system, adding the word "mobile" to an existing patent makes it a new and unique idea! It seems the US Patent Office forgot Windows Program Manager from the mid 80s, when they awarded the patent for arranging icons in a grid form on the iPhone...
     
  7. ChrisG8

    ChrisG8 Well-Known Member

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    Really hard to understand how this patent process works but it is clear why companies try to patent anything and everything they can. I have been trying not to think about this case and what might ultimately happen to Android.
     
  8. CatfishRivers

    CatfishRivers Well-Known Member

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    IMO the results of the case could push some hardware manufacturers away from android toward Windows 8 phones.
     
  9. ChrisG8

    ChrisG8 Well-Known Member

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    There you go making me think about this again. I need to try to patent losing hair, I am 60 and have half a head of hair and look a certain way. I am thinking if I could patent that and sue all of the other guys that decide looking like me is cool, I should be set in my retirement. Personally I think it looks sort of stupid, only wearing a hairpiece looks worse so that is why I do it. I thought Windows looked a lot like an Apple operating system when I first saw it, not sure why Android gets popped but not Microsoft.

    If Samsung and/or Google can't get this precedent reversed somehow, I think maybe Android is in trouble but only patent attorneys can understand it all.
     
  10. ChrisG8

    ChrisG8 Well-Known Member

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