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Print 15 comment(s) - last by Bill S... on Aug 13 at 7:24 AM

Companies agree to limit their legal battle to the U.S., pursue settlement agreement

On Wednesday South Korea's Samsung Electronics Comp., Ltd. (KRX:005930) (KRX:005935) and Cupertino, Calif.'s Apple, Inc. (AAPL) -- the world's top two smartphone and tablet computer sellers -- agreed to drop the majority of their patent litigation against each other.  Under the deal, the pair will drop all lawsuits outside the U.S.
 
A joint statement read:
 
Apple and Samsung have agreed to drop all litigation between the two companies outside the United States.  This agreement does not involve any licensing arrangements, and the companies are continuing to pursue the existing cases in U.S. courts.
 
The pair dropped lawsuits in:
  • Australia
  • Japan
  • South Korea
  • Germany
  • Netherlands
  • the U.K.
  • France
  • Italy
Apple sued Samsung in early 2011, claiming its Galaxy S smartphone -- introduced in 2010 -- was a "copycat" of the iPhone, Apple's best-selling smartphone which entered the market in 2007.  The bold legal attack on the veteran South Korean firm, which had been offering cell phones for nearly two decades before Apple's arrival was met with a firm rebuke.  Outraged at Steve Jobs' claim that it "slavishly copied" the iPhone, Samsung filed expanded the legal war, filing countersuit not only in the U.S., but multiple other jurisdictions.

Apple and Samsung
Apple and Samsung have spent the last three years blowing millions on a global legal war that ultimately has delivered little action for either company. [Image Source: Ubergizmo]

Overseas courts sorted out the mess relatively quickly, banning certain Samsung models or features that were a bit too derivative of Apple's.  Foreign courts tended to issue brief bans, but shirked at Apple's request for longer turn bans.  Instead, they prodded Samsung to engage in a series of minor redesigns and tweaks to make its Android products more unique, a policy which arguably worked out to Samsung's benefit in the long run.

Many hoped that the "thermonuclear" patent war against Android -- started by late Apple CEO Steve Jobs would be settled amicably when Timothy Cook took over as Apple's new CEO in 2012.  Things didn't work out that way, though.

Back in the U.S. Apple's lawsuit and Samsung's initial countersuit came to a climax in 2012.  In court Samsung documents were presented that showed that Samsung executives internally admitted to modifying their designs to be more iPhone-like after 2007.  Samsung further struggled given that the case was tried just a short drive away from Apple's Cupertino hometown and several of the jurors admittedly had family members who were Apple shareholders.  Unsurprisingly it lost the first case and was ordered to pay $890M USD, after some minor corrections to the damages rate.

In May of this year, Apple and Samsung were back in the same court, wrapping up a second lawsuit/countersuit over more recent devices.  This time around the result was far less one-sided.  The federal court jury ruled ultimately both Apple and Samsung's recent devices were guilty of stealing patented features.  Apple was ordered to pay $158,400 USD for "accidental" infringement of one key Samsung patent, while Samsung was ordered to pay $119.6M USD for willful infringement of two patents across most of its device lineup, and infringement of another Apple patent across parts of its device lineup.

Galaxy vs iPhone
Samsung fought Apple to a draw in the pair's second U.S. federal court trial. [Image Source: Getty Images]

Following the stalemate of sorts Samsung and Apple agreed to the first major drawdown of their legal war.  Both companies agreed to drop their ban request before the U.S. International Trade Commission (ITC).  The latest wind-down of the legal campaign is welcome news to U.S. legal observers, including many federal judges who admonished both companies for monopolizing the courts' time with their quibbling.
 
Apple and Samsung will still likely wage war in a third U.S. trial, but at this point it appears clear that they're just jockeying for position, with each company looking to better its hand when a licensing settlement is negotiated.  Villanova University law professor Michael Risch said the wind-down was unsurprising given that the global lawsuit campaign had produced "mixed results" and was "not worth it" for either firm.
 
Both companies are facing increased pressure from resurgent players like Microsoft Corp. (MSFT) and from a host of new market entrants, largely new OEMs from China like Xiaomi and the Lenovo Group Ltd. (HKG:0992).

Source: Bloomberg





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Finally. Now if only...
By retrospooty on 8/6/2014 11:48:56 AM , Rating: 3
They can start competing by letting the best product win, and not who has the best lawyers. These suits were just ridiculous all the way around and in the end amount to nothing.




RE: Finally. Now if only...
By EasyC on 8/6/2014 12:21:16 PM , Rating: 5
You certainly wouldn't feel this way if YOU invented the rectangle with rounded corners... hmph!


RE: Finally. Now if only...
By aromero78 on 8/11/2014 12:44:58 PM , Rating: 2
I wonder how that patent applies to kindergarten students who can't quite draw a rectangle and accidentally draw Apple's patented shape? I foresee elementary schools across the country shutting down...


RE: Finally. Now if only...
By Reclaimer77 on 8/6/2014 12:37:21 PM , Rating: 2
After years of Apple's holy-war against Samsung/Android, they've not collected one dime.

I can only imagine what their legal fees have been, launching a world wide attack on a major competitor.

But sorry, Steve, the nuclear war didn't quite work out the way you thought it would.


RE: Finally. Now if only...
By retrospooty on 8/6/2014 12:55:47 PM , Rating: 3
Yes, too bad, so sad. He didn't get to win his ridiculous war. My only regret is that he didn't live to see it not work out. LOL.


RE: Finally. Now if only...
By Reclaimer77 on 8/7/2014 10:34:25 AM , Rating: 2
Now if we can just stop Microsoft from behaving like an Ogre, we might be onto something...


RE: Finally. Now if only...
By xti on 8/6/2014 1:02:17 PM , Rating: 2
this is goign to be awful to DT's advertisement sales.


RE: Finally. Now if only...
By tng on 8/6/2014 3:11:02 PM , Rating: 2
Awesome! LOL


RE: Finally. Now if only...
By Samus on 8/7/2014 12:26:02 AM , Rating: 2
Considering this is Apple and Samsung we're talking about here, the term "best product" doesn't exactly come to mind. Both company make incredibly flawed products. I've owned an S3 and 4S, and although I think the iPhone was actually better (because it was properly supported and the GPS didn't crash constantly) both devices were among the worst phones I've ever had. My old Blackberry Bold and Palm Pre/HP Veer were much better devices as far as reliability, battery life, durability, usability (mostly because of a keyboard) and call quality.

I think the Moto X, Xperia Z, and Nexus 5 are the best phones out right now, and they're all cheaper than Apple/Samsung devices.

There's some incredibly innovative competition coming out of China now, and I truly think Apple and Samsung are both screwed. They spent so much time and money in court, they've lost their lead. In a few years they will lose market dominance.

Obviously Apple will always have a corner with iOS, but Samsung better hope Tizen works out for them because Android is no longer their crutch.


RE: Finally. Now if only...
By retrospooty on 8/7/2014 12:01:58 PM , Rating: 2
Agreed, neither Apple or Samsung are making the best products these days, but it's just an expression.

If you add in the products, marketing, timing etc, these companies are both doing something right based on the goal of getting people to buy them...


RE: Finally. Now if only...
By Bill S. on 8/13/2014 7:24:05 AM , Rating: 2
Maybe they both finally came to the realization that the ONLY people who were really winning were the lawyers?


Cue the next lawsuit headline in 3.2.1
By HardwareDufus on 8/6/2014 11:50:27 AM , Rating: 3
Heard this before....

Cue the next Lawsuit headline in 3.2.1.




RE: Cue the next lawsuit headline in 3.2.1
By Banana Bandit on 8/6/2014 6:59:15 PM , Rating: 2
Cue next pointless and brain-dead response in 3.2.1...


By HardwareDufus on 8/6/2014 7:28:24 PM , Rating: 2
ok.. here you go... a little something for you.

(hey trolls have to eat too)


Not Surprising.
By Sam07 on 8/6/2014 1:51:48 PM , Rating: 3
Considering Apple has pretty much lost in court everywhere except the US I'm not surprised.

I also wouldn't be surprised if Samsung accepts this peace offering then turns around and curb stomps Apple's IP department the first chance they get in court. After all, that's the only real way to deal with a patent troll and the legal equivalent of a bully.




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