Apple CEO Tim Cook meeting with Samsung chief today in California
Settlement talks between Apple and Samsung are set to begin today in San Francisco, Calif., with Apple Chief Executive Tim Cook and Samsung CEO Choi Gee-sung personally taking part in the discussions.
Both CEOs have been instructed by a federal judge to appear for a court-supervised mediation that will begin at a federal courthouse in San Francisco on Monday. Making the CEOs themselves get involved in the discussions is a new tactic being employed by some courts, according to Reuters.
"It is the corporate equivalent of therapy, only in this case, the participants each get to bring a team of lawyers," author Dan Levine wrote.
The hope is that bringing in executives who are not lawyers may allow the companies to reach a settlement, rather than hold their ground and continue the dispute. Both Apple and Samsung have accused the other of patent infringement, and the two companies are engaged in dozens of lawsuits that span around the world.
Another example of two high-profile CEOs participating in settlement talks occurred last year, when Oracle's Lary Ellison and Larry Page of Google took part in mediation. However, no settlement was reached as a result of those talks, and the case went to trial.
If Apple and Samsung cannot come to an agreement in the court-moderated talks featuring Cook and Gee-sung, the California case is scheduled to go to trial in San Jose at the end of July. Samsung has attempted to convince the court that a July start is too soon, but Apple has argued that the trial must begin quickly to put an end to Samsung's continued success in selling infringing products.
Both sides also dropped a number of patents cited in their respective suits earlier this month at the order of Judge Lucy Koh. She wrote that going to trial with the original number of patents included in the complaints would be "cruel and unusual punishment to a jury."
An unnamed Samsung executive in Seoul who spoke with Reuters before departing for the mediation talks in California said that there is still a "big gap" with Apple, but added that there are a number of potential negotiation options. One compromise mentioned by the executive was cross-licensing of patented inventions between the two companies.
But Apple may not have much incentive to settle, as it has yet to lose an infringement case to Samsung, while Samsung has seen injunctions filed against a number of its products in various suits around the world. Just this week, Apple won an appeal in the U.S. and subsequently filed for an injunction against Samsung's Galaxy Tab 10.1, which could lead to it being pulled from selves as early as June.
Both CEOs have been instructed by a federal judge to appear for a court-supervised mediation that will begin at a federal courthouse in San Francisco on Monday. Making the CEOs themselves get involved in the discussions is a new tactic being employed by some courts, according to Reuters.
"It is the corporate equivalent of therapy, only in this case, the participants each get to bring a team of lawyers," author Dan Levine wrote.
The hope is that bringing in executives who are not lawyers may allow the companies to reach a settlement, rather than hold their ground and continue the dispute. Both Apple and Samsung have accused the other of patent infringement, and the two companies are engaged in dozens of lawsuits that span around the world.
Another example of two high-profile CEOs participating in settlement talks occurred last year, when Oracle's Lary Ellison and Larry Page of Google took part in mediation. However, no settlement was reached as a result of those talks, and the case went to trial.
If Apple and Samsung cannot come to an agreement in the court-moderated talks featuring Cook and Gee-sung, the California case is scheduled to go to trial in San Jose at the end of July. Samsung has attempted to convince the court that a July start is too soon, but Apple has argued that the trial must begin quickly to put an end to Samsung's continued success in selling infringing products.
Both sides also dropped a number of patents cited in their respective suits earlier this month at the order of Judge Lucy Koh. She wrote that going to trial with the original number of patents included in the complaints would be "cruel and unusual punishment to a jury."
An unnamed Samsung executive in Seoul who spoke with Reuters before departing for the mediation talks in California said that there is still a "big gap" with Apple, but added that there are a number of potential negotiation options. One compromise mentioned by the executive was cross-licensing of patented inventions between the two companies.
But Apple may not have much incentive to settle, as it has yet to lose an infringement case to Samsung, while Samsung has seen injunctions filed against a number of its products in various suits around the world. Just this week, Apple won an appeal in the U.S. and subsequently filed for an injunction against Samsung's Galaxy Tab 10.1, which could lead to it being pulled from selves as early as June.
Comments
Of course after Tim received his black belt. It's gonna be a martial arts smack down! Hong Kong Phooey Karate Chop - 'Hi-Yah'!
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Quote:
Originally Posted by SolipsismX
I want to see the video of this meeting where the Samsung CEO is wearing a cheaper version of Cook's attire and mirroring every body motion Cook makes.
Funny.
The problem is that in reality... Cook only has one badly fitting suit, and Koreans (especially rich Koreans), are generally pretty snappy dressers overall.
Possibly Samsung should get into clothing manufacture instead of electronics.
Quote:
Originally Posted by SolipsismX
I want to see the video of this meeting where the Samsung CEO is wearing a cheaper version of Cook's attire and mirroring every body motion Cook makes.
Samsung CEO will show up in mock black turtleneck, blue jeans and sneakers while Cook will be nicely attired in an Armani suit. Samsung CEO deeply embarrassed.
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No quarter!
Quote:
Originally Posted by Gazoobee
Funny.
The problem is that in reality... Cook only has one badly fitting suit, and Koreans (especially rich Koreans), are generally pretty snappy dressers overall.
Possibly Samsung should get into clothing manufacture instead of electronics.
Actually, I think it is Samsung that has the badly fitting suit... ;-)
Can somebody explain why Apple has not sued Google directly? It is the Google Android software that ultimately infringes on Apple patents. Why beat around the bush when Apple can go for the roots? Goog with Moto have no qualms about suing Apple on FRAN patents. It is like with fighting the Mafia... don't waste time with the nickel and dime players, go after the kingpin. Any lawyers in the house?
TIA.
Quote:
Originally Posted by AjitMD
Can somebody explain why Apple has not sued Google directly? It is the Google Android software that ultimately infringes on Apple patents. Why beat around the bush when Apple can go for the roots? Goog with Moto have no qualms about suing Apple on FRAN patents. It is like with fighting the Mafia... don't waste time with the nickel and dime players, go after the kingpin. Any lawyers in the house?
TIA.
As I understand it, the reason why is because Google didn't create every single line of code in Android. It's actually one of the flaws in the OS, that folks can add their own stuff. in particular the UI features. Google has been cleared on the trade dress type stuff because they didn't control the look of the hardware or the UI.
As for today's talk, I could see Cook starting off by saying that there is point blank no way in hell that Apple is going to license any non FRAND tech to Samsung so that is off the table. FRAND rules actually prohibit making a license on non FRAND items a condition of getting the FRAND license so that will be an easy win for Apple. So then they can talk what is fair and equal under FRAND rules for that tech and so on. Something tells me that Samsung won't want to play ball and this will go to court. Which is a bad play cause the judge could be so pissed that after they rule that yes Apple should have played and now will, under court agreed fair and equal terms, Samsung won't get any back pay or a tiny cut of it for their antics. And so on
Pants him, Mr. Cook.
Can those two camps agree to the ceasefire, then go back to their workshops to make sure Windows Phone 8 will never get off the ground, for good?
Quote:
Originally Posted by Fairthrope
Can those two camps agree to the ceasefire, then go back to their workshops to make sure Windows Phone 8 will never get off the ground, for good?
I'm not sure they'd have anything to do, to make sure of that.
Quote:
Originally Posted by Fairthrope
Can those two camps agree to the ceasefire, then go back to their workshops to make sure Windows Phone 8 will never get off the ground, for good?
You have it backward.
Android needs killed entirely. Windows Phone 7/8 needs encouraged. We need actual innovation and actual creative thought in this industry. iOS and WP7/8 provide that.
Quote:
Originally Posted by lkrupp
Isn't Asian culture all about honor and saving face? I don't see much coming out of this meeting. Sounds like the two will stare each other down to me.
What was honorable about stealing IP for both hardware and software?
Quote:
Originally Posted by AjitMD
Can somebody explain why Apple has not sued Google directly? It is the Google Android software that ultimately infringes on Apple patents. Why beat around the bush when Apple can go for the roots? Goog with Moto have no qualms about suing Apple on FRAN patents. It is like with fighting the Mafia... don't waste time with the nickel and dime players, go after the kingpin. Any lawyers in the house?
TIA.
From what I understand, although Google profits from the android user base and ads, they aren't actually selling the android operating system and they're not manufacturing phones that copy the iphone. Apple has no choice but to sue the companies who do the actual selling of their alleged IP and designs.
Simple strategy. You go after the easiest cases first. After you win a couple of those, then it becomes easier to win the more difficult cases.
In particular, winning a couple of cases against handset manufacturers would be the first step since Google is guilty of contributory infringement, not direct infringement. It's not absolutely necessary to win cases against the direct infringers first, but that's by far the most common and easiest way.
Not true. Apple can sue Google for contributory infringement, but there are timing concerns - see above.
Quote:
Originally Posted by lkrupp
Isn't Asian culture all about honor and saving face? I don't see much coming out of this meeting. Sounds like the two will stare each other down to me.
Quote:
Originally Posted by Tallest Skil
What was honorable about stealing IP for both hardware and software?
I'm talking about the Samsung CEO denying everything in an attempt to preserve his honor and save face. I didn't say he was honorable.
I love Samsung as a company but they don't even make it subtle sometimes.This is S-voice off of my galaxy nexus. (Leaked APK). Its actually a souped up Vlingo