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Apple, Samsung CEOs agree to meet in California for settlement talks

post #1 of 45
Thread Starter 
Apple Chief Executive Tim Cook and Samsung CEO Gee-Sung Choi have agreed to meet in San Francisco, Calif., within the next three months to participate in moderated settlement talks.

Both Apple and Samsung have indicated they are willing to participate in a settlement conference that will be overseen by U.S. Magistrate Judge Joseph C. Spero, according to Florian Mueller of FOSS Patents. The meeting will take place in a San Francisco courthouse.

The two rivals are attempting to settle their ongoing, numerous legal disputes that began last April, when Apple sued Samsung for allegedly copying the look and feel of its popular iPhone and iPad devices. Samsung has shot back with its own patent infringement complaints against Apple, and the companies are now involved in a number of lawsuits against each other around the world.

Cook and Choi will take part in the talks along with their respective general counsels. The meeting came to be after Judge Lucy Koh, who is presiding over two lawsuits Apple has filed against Samsung in the Northern District of California, ordered the parties into an "Alternative Dispute Resolution" effort. Mueller explained that given the situation, both companies had to be cooperative.

"If only one of them had made the CEO available, the other one would have appeared less than constructive," he said.

Koh has set a 90-day deadline for Apple's team, including Cook, to meet with Samsung officials, including Choi, in a hearing overseen by Spero.

That the meeting will take place is by no means an indication that the dispute between Samsung and Apple will be resolved. Google and Oracle took part in a similar hearing last fall, and Mueller noted that those talks failed and both companies are now inc ourt.

Though the courts have essentially forced the two parties to meet, they cannot strong-arm them into a settlement. Mueller said that's why firm trial dates are generally a much more effective way to create a settlement. He said he's "skeptical" that anything will come out of the meeting.

[ View article on AppleInsider ]
post #2 of 45
Flintlocks at 10 yards?
From Apple ][ - to new Mac Pro I've used them all.
Long on AAPL so biased
"Google doesn't sell you anything, they just sell you!"
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From Apple ][ - to new Mac Pro I've used them all.
Long on AAPL so biased
"Google doesn't sell you anything, they just sell you!"
Reply
post #3 of 45
I'll second that!
post #4 of 45
They're actually meeting at Khitomer, not San Francisco.

"Apple should pull the plug on the iPhone."

John C. Dvorak, 2007
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"Apple should pull the plug on the iPhone."

John C. Dvorak, 2007
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post #5 of 45
It's about f*cking time!
post #6 of 45
Quote:
Originally Posted by MJ Web View Post

I'll second that!

From Apple ][ - to new Mac Pro I've used them all.
Long on AAPL so biased
"Google doesn't sell you anything, they just sell you!"
Reply
From Apple ][ - to new Mac Pro I've used them all.
Long on AAPL so biased
"Google doesn't sell you anything, they just sell you!"
Reply
post #7 of 45
Quote:
Originally Posted by popnfresh View Post

It's about f*cking time!

I'll second that!
Hmmmmmm...
Reply
Hmmmmmm...
Reply
post #8 of 45
Quote:
Originally Posted by island hermit View Post

I'll second that!

post #9 of 45
Apple... make sure with regards to Royalties, you get no less than $25 per phone and $50 per tablet!
/
/
/

Ten years ago, we had Steve Jobs, Bob Hope and Johnny Cash.  Today we have no Jobs, no Hope and no Cash.

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Ten years ago, we had Steve Jobs, Bob Hope and Johnny Cash.  Today we have no Jobs, no Hope and no Cash.

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post #10 of 45
What happens is Apple transcribes the meeting, Sammy copies it but slap a Samsung logo on it.
post #11 of 45
Quote:
Originally Posted by digitalclips View Post

Flintlocks at 10 yards?

Samsung wanted it settled it over a Warcraft 3 match
post #12 of 45
Quote:
Originally Posted by popnfresh View Post

It's about f*cking time!

Absolutely!
"Why iPhone"... Hmmm?
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"Why iPhone"... Hmmm?
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post #13 of 45
Quote:
Originally Posted by popnfresh View Post

It's about f*cking time!

Quote:
Originally Posted by DaHarder View Post

Absolutely!

Why? What do you have riding on which horse?

How does it - remotely - affect your life one way or another?
post #14 of 45
Quote:
Originally Posted by anantksundaram View Post

Why? What do you have riding on which horse?

How does it - remotely - affect your life one way or another?

This thread is basically a list of anti-Apple users here. Go ahead and read it as such.
post #15 of 45
Quote:
Originally Posted by anantksundaram View Post

Why? What do you have riding on which horse?

How does it - remotely - affect your life one way or another?

I have $50 on Tim Cook, by a nose. How about you?
post #16 of 45
The judge is basically telling them to settle. That is BS. Apple or any company should have the right to have judgment that their case has merit or not, and if they are in the right, force the offending company to change their practice of stealing and profiting off others IP and work
post #17 of 45
Quote:
Originally Posted by Tallest Skil View Post

This thread is basically a list of anti-Apple users here. Go ahead and read it as such.

I see more strong Apple supporters on here and only 2 members who could be viewed as anti-Apple with 1 other being borderline at best.

So read it as such if you wish but I've never included the other 6 people, including myself, as anti-Apple people.

In which group should we place you?
Hmmmmmm...
Reply
Hmmmmmm...
Reply
post #18 of 45
Quote:
Originally Posted by popnfresh View Post

I have $50 on Tim Cook, by a nose. How about you?

It's then quite obvious that there's not much going on in your life, and that stuff that matters in your life is worth very little.

That's cool, bro'. Each to his own. Not making a value judgment or anything....
post #19 of 45
I really, really wish Steve Jobs were still here to attend that meeting. I'd love to see him give the Samsung execs the middle finger. They are probably relieved that he's not here to attend that meeting.

Fighting a case on principles is always expensive and settling out of court will most likely be expected. However, I really believe this should be fought on principal as this would send a clear message to any copy-shop like Samsung that if they don't innovate on their own, they will get sued into oblivion. I think what Samsung has been doing is shameful to say the least. Is it any wonder that the one seriously blatant copy shop that copies Apple in just about every part of Apple's design also happens to end up being the #1 Android manufacturer?
post #20 of 45
Samsung: We have a proposal which we feel will satisfy each of your concerns.

Apple: Screw you. We's gone thermonuclear on your ass!
post #21 of 45
The sad thing is that Google is really the bigger thief here. They shamelessly knocked off the look and feel of iOS. Then they gave it away to all comers. That absolutely enraged Steve Jobs.

Samsung then stepped in and utilized the pirated OS. To make matters worse, they shamelessly copied the iPhone hardware.

Hard to nail Google in court because you need to prove economic damages and they give the software away for free.

The most equitable solution would be for the court to simply shut down Android and all handset and tablet manufacturers using Android. Hard to do legally, especially given the worldwide distribution.

I'm afraid Apple will be forced to settle for royalty payments. Let's hope they are very very large. They certainly should be enormous.
post #22 of 45
Quote:
Originally Posted by anantksundaram View Post

Why? What do you have riding on which horse?

How does it - remotely - affect your life one way or another?

Quote:
Originally Posted by anantksundaram View Post

It's then quite obvious that there's not much going on in your life, and that stuff that matters in your life is worth very little.

That's cool, bro'. Each to his own. Not making a value judgment or anything....

Ya, I make a joke on a forum so therefore there's not much going on in my life. Brilliant.
post #23 of 45
Quote:
Originally Posted by dmarcoot View Post

The judge is basically telling them to settle. That is BS. Apple or any company should have the right to have judgment that their case has merit or not, and if they are in the right, force the offending company to change their practice of stealing and profiting off others IP and work

With the usual disclaimers about not being a lawyer, I have to disagree with your assertion that this is BS. While I'm not a large business, my personal experience, and in speaking with my lawyer, and other lawyers, is that judges routinely require that some form of mediation be attempted before going to trial or hearing.

My experience is further that this is a good idea. A courtroom does not provide a way for the parties to actually talk about the problems. A courtroom is quite adversarial, while a mediation session allows considerable flexibility to try numerous settlement scenarios.

In the case I'm thinking of regarding my business, we floated a totally unususal scenario that allowed us all to play into our strengths and all parties came out ahead. Let's see if these two companies can find a solution that benefits everyone.
post #24 of 45
Quote:
Originally Posted by dmarcoot View Post

The judge is basically telling them to settle. That is BS. Apple or any company should have the right to have judgment that their case has merit or not, and if they are in the right, force the offending company to change their practice of stealing and profiting off others IP and work

No, the judge is telling them to attend a settlement conference, not to settle. Going through a trial is a huge effort and lots of money gets flushed to the lawyers.

Settlement conferences are a last-ditch effort before a trial. The two parties don't even have to talk to each other if they don't want to. Hell, they could walk into that meeting and say "screw you, we're going to trial" if they want and walk out. The judge can't do a single thing about it. It's only his directive that they sit down in a room and talk - if they want to.

I've been through a few of these too personally. I've had conferences last for literally minutes with no agreement. What usually happens after that - from my own personal experience - is that when one party is so steadfast to go to trial, usually after the settlement conference the other party blinks and decides to settle before the trial begins.

However when two companies like Apple and Samsung, both with very deep pockets and egos on the line, it's all up in the air with who will blink first, if any of them even do. Methink Samsung will blink on some level. I really think Apple has the ball on this one.
post #25 of 45
People really need to pay attention the the last few months Patents granted to Apple.

Samsung most certainly is paying attention to them.

Apple is shoring up all kinds of patents that strengthen their positions.
post #26 of 45
The soil just shook at Alta Mesa Memorial Park.

Please update the AppleInsider app to function in landscape mode.

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Please update the AppleInsider app to function in landscape mode.

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post #27 of 45
Quote:
Originally Posted by anantksundaram View Post

Why? What do you have riding on which horse?

How does it - remotely - affect your life one way or another?

Well I own stocks in both company's so this is a good thing.
When I looked up "Ninjas" in Thesaurus.com, it said "Ninja's can't be found" Well played Ninjas, well played.
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When I looked up "Ninjas" in Thesaurus.com, it said "Ninja's can't be found" Well played Ninjas, well played.
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post #28 of 45
Quote:
Originally Posted by popnfresh View Post

Brilliant.

Nah, I was being sarcastic.

I mean, reverential.....
post #29 of 45
Quote:
Originally Posted by sflocal View Post

No, the judge is telling them to attend a settlement conference, not to settle. Going through a trial is a huge effort and lots of money gets flushed to the lawyers.

Settlement conferences are a last-ditch effort before a trial. The two parties don't even have to talk to each other if they don't want to. Hell, they could walk into that meeting and say "screw you, we're going to trial" if they want and walk out. The judge can't do a single thing about it. It's only his directive that they sit down in a room and talk - if they want to.

I've been through a few of these too personally. I've had conferences last for literally minutes with no agreement. What usually happens after that - from my own personal experience - is that when one party is so steadfast to go to trial, usually after the settlement conference the other party blinks and decides to settle before the trial begins.

However when two companies like Apple and Samsung, both with very deep pockets and egos on the line, it's all up in the air with who will blink first, if any of them even do. Methink Samsung will blink on some level. I really think Apple has the ball on this one.

The first part makes sense, but when you say Samsung will blink first, well guess what, Apple won't accept a settlement so it doesn't matter, this thing is going to trial.
post #30 of 45
Quote:
Originally Posted by Relic View Post

Well I own stocks in both company's so this is a good thing.

Umm... Not necessarily.

It depends on whether the value gain to the winner of the case is equal to, less than, or more than the value loss to the loser.

Are you able to value that? If so, tell us, please.
post #31 of 45
Quote:
Originally Posted by sflocal View Post

I really, really wish Steve Jobs were still here to attend that meeting. I'd love to see him give the Samsung execs the middle finger. They are probably relieved that he's not here to attend that meeting.

Amen to that. I hope Tim doesn't wimp out.
A.k.a. AppleHead on other forums.
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A.k.a. AppleHead on other forums.
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post #32 of 45
Quote:
Originally Posted by mdriftmeyer View Post

People really need to pay attention the the last few months Patents granted to Apple.

Samsung most certainly is paying attention to them.

Apple is shoring up all kinds of patents that strengthen their positions.

Amm, seeing as Samsung gets about 50 times as many patents as apple PER YEAR, I think they both have ammunition.

At some point Apple will realise that suing someone for having a rectangle or a 'slide to unlock' costs you (apple) millions in legal fees, leads to retaliation by the people you sue (goodbye push email on iphone) and at the end of the day.....AND MOST IMPORTANT

It just takes the competition 5 mins to do a workaround.....

I guess Cook realised that its wasted money and they can actually use another approach and LICENSE the patents.

Whats the point making someone put a border around their tablet and pay you nothing when you can license your patent on the black rectangle (US Patent #4,965,332) and have them pay for every black rectangular device they make.
post #33 of 45
Quote:
Originally Posted by sflocal View Post

I really, really wish Steve Jobs were still here to attend that meeting. I'd love to see him give the Samsung execs the middle finger. They are probably relieved that he's not here to attend that meeting.

Right, because I'm sure they'd be shivering in their shoes by his intimidating aura. And I'm sure you know how settlement meetings go.

Sorry, this isn't some kindergarten sandbox faceoff. Leave the negotiations to the adults, yeah?

Quote:
Fighting a case on principles is always expensive and settling out of court will most likely be expected. However, I really believe this should be fought on principal as this would send a clear message to any copy-shop like Samsung that if they don't innovate on their own, they will get sued into oblivion. I think what Samsung has been doing is shameful to say the least. Is it any wonder that the one seriously blatant copy shop that copies Apple in just about every part of Apple's design also happens to end up being the #1 Android manufacturer?


In other words, you think Apple should continue playing the same, tired game of suing Samsung and getting their suits overturned? I take it you've never held a real job or paid your own rent? How's that working out for ya?


Typical fanboy armchair expert rant.
post #34 of 45
Quote:
Originally Posted by sflocal View Post

No, the judge is telling them to attend a settlement conference, not to settle. Going through a trial is a huge effort and lots of money gets flushed to the lawyers.

Settlement conferences are a last-ditch effort before a trial. The two parties don't even have to talk to each other if they don't want to. Hell, they could walk into that meeting and say "screw you, we're going to trial" if they want and walk out. The judge can't do a single thing about it. It's only his directive that they sit down in a room and talk - if they want to.

I've been through a few of these too personally. I've had conferences last for literally minutes with no agreement. What usually happens after that - from my own personal experience - is that when one party is so steadfast to go to trial, usually after the settlement conference the other party blinks and decides to settle before the trial begins.


That's pretty much how it works in litigation with most cases that have the potential of being taken to court. It's not often you'll run into a judge who doesn't have a full docket already.


But as many impassioned Apple fans would have it, Jobs was right in saying that Apple should spend its entire cash balance on litigating meritless suits.

Quote:
However when two companies like Apple and Samsung, both with very deep pockets and egos on the line, it's all up in the air with who will blink first, if any of them even do. Methink Samsung will blink on some level. I really think Apple has the ball on this one.

Have you actually been following the progress of the suits between the two? I commend you for actually having a smidgen of an idea of what you're talking about, but something tells me you're in Speculation Land. Apple hasn't won a single decisive victory against Samsung. One day it has a favorable ruling, then the next, some high court has already overturned them. Kind of an embarrassment when you think about it. Let's not even start with the monetary and nonmonetary costs this is imposing on both sides.
post #35 of 45
Tim Cook was spotted entering the Vatican today.
post #36 of 45
"he's "skeptical" that anything will come out of the meeting" - lets hope nothing does. Apple needs to keep their foot on the throats of these scumbags and push for complete annihilation! Samsung is ripping off and riding the coattails of Apple and its time to stop them full force.
post #37 of 45
Quote:
Originally Posted by Jack99 View Post

That's pretty much how it works in litigation with most cases that have the potential of being taken to court. It's not often you'll run into a judge who doesn't have a full docket already.


But as many impassioned Apple fans would have it, Jobs was right in saying that Apple should spend its entire cash balance on litigating meritless suits.



Have you actually been following the progress of the suits between the two? I commend you for actually having a smidgen of an idea of what you're talking about, but something tells me you're in Speculation Land. Apple hasn't won a single decisive victory against Samsung. One day it has a favorable ruling, then the next, some high court has already overturned them. Kind of an embarrassment when you think about it. Let's not even start with the monetary and nonmonetary costs this is imposing on both sides.

Wow - we have a troll in the room who somehow thinks he's smarter than everyone else. He fails to see the obvious, which is that Apple has kept Samsung on their heels while this plays out, and that there is still a lot of dry powder on Apple's side as they press other issues regarding Google's theft of Apple IP. This is a marathon not a sprint, for which Apple is well prepared.
post #38 of 45
Quote:
Originally Posted by sleepy3 View Post

Amm, seeing as Samsung gets about 50 times as many patents as apple PER YEAR, I think they both have ammunition.

At some point Apple will realise that suing someone for having a rectangle or a 'slide to unlock' costs you (apple) millions in legal fees, leads to retaliation by the people you sue (goodbye push email on iphone) and at the end of the day.....AND MOST IMPORTANT

It just takes the competition 5 mins to do a workaround.....

I guess Cook realised that its wasted money and they can actually use another approach and LICENSE the patents.

Whats the point making someone put a border around their tablet and pay you nothing when you can license your patent on the black rectangle (US Patent #4,965,332) and have them pay for every black rectangular device they make.

Its ok for samsung for to get 50 times more patents, apple is not ripping them off ...let's not even pretend that its ok business behavior to rip off your biggest customers.
post #39 of 45
I hope for the best. The legal battles are due for settlement. Too much money has already been spent. It's time to reinvest it back into R&D.
post #40 of 45
Quote:
Originally Posted by FreeRange View Post

Wow - we have a troll in the room who somehow thinks he's smarter than everyone else. He fails to see the obvious, which is that Apple has kept Samsung on their heels while this plays out, and that there is still a lot of dry powder on Apple's side as they press other issues regarding Google's theft of Apple IP. This is a marathon not a sprint, for which Apple is well prepared.


I know it's easier to view reality from a pair of rose-colored sunglasses, but in actuality, I just said it as it is. To be quite honest, I don't have a horse in this race beyond a desire to see things going back to normal minus frivolous lawsuits. Apple's not "keeping Samsung on their toes" as this isn't exactly a one-sided chess game. That's absolutely nothing to be gained from suing Samsung, losing, and subsequently helping Samsung create precedent that favors them and others. It all boils down to Apple losing one suit after another against Samsung and in the long term, losing any future chances it has of winning cases on similar causes of action against other Android licensees. I don't know of a single sport where losing streaks are commended.


If you feel otherwise, feel free to pull something out of your other hole and prove me wrong--I could use some free entertainment right now. Your logic is sound if you can show Apple just loves wasting money on lawyers and keeping judges employed.


Please, don't even try to pretend you're prithee to Apple's litigation strategy. I know fanboyism dampens your judgment, but you can do better than that.
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