Apple, Samsung Officially Enter Settlement Talks in U.S.
April 18, 2012 6:30 PM
comment(s) - last by
Global patent war could reach an armistice, sparing the companies billion in mutual business
Apple, Inc. (
) and Samsung Electronics Comp., Ltd. (
) ended 2011
in a virtual tie
for the global lead in smartphone sales. Apple is the maker of the iconic iPhone, pivotal in the smartphone craze, which took off in 2007 after the early efforts of the likes of Research in Motion, Ltd. (
) and Microsoft Corp. (
). Samsung, meanwhile, has emerged as the world top phonemaker of the world's top platform -- Android.
I. Settlement Talks Announced
The pair on Tuesday agreed before
Judge Lucy Koh
to participate in "Alternative Dispute Resolution" (ADR) -- a series of settlement talks. Judge Koh described:
The parties have indicated that they are willing to participate in a Magistrate Judge Settlement Conference ('MJSC'). ECF No. 873. Therefore, the parties are hereby referred to an MJSC with Magistrate Judge Joseph Spero with a 90-day deadline. As the parties have indicated in their joint statement, the chief executive officer and general counsel of Apple and the chief executive officer and general counsel of Samsung shall appear and participate at the MJSC.
While the settlement talks will take place in and primarily pertain to the U.S. District Court for the
Northern District of California
-- a San Francisco court -- a settlement deal could reach globally, ending the companies’ lawsuits against each other spanning twenty cases in ten different countries.
"Frenemys" Apple and Samsung have agreed to consider settling.
[Image Source: TechnoBuffalo]
Both companies have created controversy in their bids to ban each other’s best-selling products.
II. Controversial Cases
Apple's ban hopes hinge upon patents such as its
prized multi-touch patent
, which describes:
A touch panel having a transparent capacitive sensing medium configured to detect multiple touches or near touches that occur at the same time and at distinct locations in the plane of the touch panel and to produce distinct signals representative of the location of the touches on the plane of the touch panel for each of the multiple touches is disclosed
The only issue is that description -- and the body itself -- covers multi-touch methods that had already been widely documented in research labs, other patents, and tech demos. The crucial thing is that
was on multi-touch
on a capacitive display
Apple claims it "invented" multi-touch despite decades of prior art.
[Image Source: XDA Developers]
Similar issues have been raised about Apple's
"slide to unlock" patents
. Apple's legal approach has been matched by Samsung, which attempted to sue Apple using many standards patents it had promised to freely license under the
"fair, reasonable, and non-discriminatory" (FRAND)
rules. Samsung's interpretation of non-discriminatory apparently means
not discriminating against anyone except Apple
III. Why Settle? Try, "$8B USD in Mutual Business"
Despite both companies' controversial tactics and bitter feud, they also share a great deal of business. As one of the world's largest smartphone chipmakers, Samsung manufactures nearly all of Apple's smartphone and tablet system-on-a-chip designs. The companies reportedly have $8B USD worth of common business a year.
The brains of the iPhones are still made by Samsung, now at its new Austin, Texas factory.
[Image Source: iFixIt]
Thus there's a lot of pressure for Apple and Samsung to settle from a mutual interests perspective. Then again, Oracle Corp. (
) and Google Inc. (
failed to reach a settlement
in a similar talks, and their
case went to trial
Apple chief executive
and Samsung CEO Choi Gee-sung will both participate in the settlement talks. If a settlement is not reached, a trial will begin this July.
This article is over a month old, voting and posting comments is disabled
RE: Me thinks something else
4/19/2012 8:20:45 PM
You said any.
Apple has been suing companies for the last year and a half based on patents of existing tech. They are going so far as to block sales of products by competitors resulting in major losses to their competitors, despite the fact that the competitors were willing to license the tech, even though the patents should not be enforceable.
How does this not constitute "... a person or company who ... enforces patents against one or more alleged infringers in a manner considered by the target or observers as unduly aggressive or opportunistic." /
The interesting twist that Apple brings is that they do not buy the patents, the patent existing ideas, then use it to sue those who use or came up with the idea.
If you require additional evidence then please read the DT posts on the issues.
"We’re Apple. We don’t wear suits. We don’t even own suits." -- Apple CEO Steve Jobs
Android OS in the Hot Seat as Oracle v. Google Legal Battle Kicks Off Today
April 16, 2012, 4:00 PM
Oracle Rejects Google's Settlement Offer, Aims for Android Ban in Trial
April 3, 2012, 6:39 PM
Apple Claims it "Warned" Samsung Pre-Lawsuit About Android Infringements
March 26, 2012, 12:47 PM
German Court Overturns Android Victory Due to FRAND Concerns
February 27, 2012, 7:24 PM
German Judge Bans Androids for Swipe-Unlocking, Despite Prior Art
February 16, 2012, 7:11 PM
Microsoft Admits Lumia 925 and 1020 Have Sleeping Sickness, Bug Fix is Planned
November 24, 2014, 1:12 PM
Report: Samsung Galaxy S5 Sales Have Come in 40% Below Projections
November 24, 2014, 6:58 AM
Quick Note: Google Chromebooks Now Coming with 1TB of Google Drive Space
November 21, 2014, 1:20 PM
Xiaomi Aims to be #1 Smartphone OEM Within 10 Years, Apple Urges Caution
November 21, 2014, 9:33 AM
Quick Note: Samsung's Request to Dismiss Microsoft Lawsuit is Rejected
November 20, 2014, 12:53 PM
Amazon Offers "The Washington Post" Free for Six Months to Kindle Fire Owners
November 20, 2014, 7:41 AM
Most Popular Articles
Wal-Mart: Miss Thanksgiving, Get Xbox One + Master Chief Collection for $299
November 17, 2014, 9:40 PM
Nokia Lumia 635 LTE Windows Phone is Only $40 at Best Buy on Black Friday
November 18, 2014, 11:59 AM
Uber Exec Threatens to "Spend Millions" to Stalk Female Reporter and Her Family
November 19, 2014, 12:31 PM
Toyota’s Mirai Hydrogen Fuel Cell Vehicle Priced from $57,500 in the U.S.
November 18, 2014, 10:23 AM
Apple Replaces “FREE” Label with “GET” on App Downloads in iTunes App Store
November 19, 2014, 5:38 PM
Latest Blog Posts
Costco Gives Employees Thanksgiving Off; Wal-Mart Leads "Black Thursday" Charge
Oct 29, 2014, 9:57 PM
"Bear Selfies" Fad Could Turn Deadly, Warn Nevada Wildlife Officials
Oct 28, 2014, 12:00 PM
The Surface Mini That Was Never Released Gets "Hands On" Treatment
Sep 26, 2014, 8:22 AM
ISIS Imposes Ban on Teaching Evolution in Iraq
Sep 17, 2014, 5:22 PM
Space Terrorism is a Looming Threat For the United States
Apr 23, 2014, 7:47 PM
More Blog Posts
Copyright 2014 DailyTech LLC. -
Terms, Conditions & Privacy Information