Apple says it's willing to settle, but inflammatory comments from Samsung suggest it isn't
While Apple and Samsung are said to once again be in talks to settle their ongoing patent disputes, Apple has said that comments from Samsung's lawyers portraying the iPhone maker as "jihadist" suggest that such talks might just be a waste of time.
In new court filings, Apple's attorneys argue that the company has "always been willing" to participate in settlement talks that would bring to an end the worldwide litigation between it and Samsung. The documents reveal that Apple Chief Executive Tim Cook and other senior executives at the company have devoted five days in an attempt to reach a settlement.
But Apple's attorneys openly question whether settlement talks are a waste of time, as they believe Samsung may have zero interest in actually reaching a settlement.
As evidence of this, Apple's legal team cites two stories in which key Samsung lawyer John Quinn made inflammatory remarks about Apple and its intentions.
In one quote, Quinn says that "it's kind of hard to talk settlement with a jihadist." Apple's attorneys said comments like this are unlikely to signal a "fruitful return to mediation."
In another story, Quinn is quoted as saying that he believes Apple will not see any money from Samsung in its litigation. He also dismissed earlier verdicts against Samsung, saying that Apple hadn't "collected a penny" or managed to take any products off of the market.
"This is Apple's Vietnam, and people are sick of it," Quinn was quoted as saying in a March interview with Law360.
As such, Apple is concerned as to whether Samsung is in fact "genuinely interested" in pursuing a settlement. Apple says it would rather settle than continue in the courtroom, as long as an agreement would recognize and protect the company's intellectual property.
"Apple remains concerned that despite protestations to the contrary, Samsung has adopted a business model that prohibits early or even timely resolution of any dispute involving intellectual property infringement," Apple's filing reads.
It goes on to state that comments from Samsung's attorneys suggest the company believes that existing judgments will not withstand appeal. Apple suggests that the comments from Samsung indicate it has no interest in settling, as it believes it can prevail with a prolonged court battle.
The filing, made on Monday, comes as a report out of Korea alleged that Apple and Samsung are once again in talks to settle their patent infringement disputes, which span across the globe in numerous legal clashes. Talks are said to have reignited after Apple was found to have infringed on some Samsung patents in their most recent U.S trial.
While both Apple and Samsung were found guilty of patent infringement, the disparity was wide: While Apple paid only$158,000 in damages, Samsung was fined $119.6 million. Still, the retrial proved advantageous for Samsung, which saw its original damages reduced from some $1.05 billion.
In new court filings, Apple's attorneys argue that the company has "always been willing" to participate in settlement talks that would bring to an end the worldwide litigation between it and Samsung. The documents reveal that Apple Chief Executive Tim Cook and other senior executives at the company have devoted five days in an attempt to reach a settlement.
But Apple's attorneys openly question whether settlement talks are a waste of time, as they believe Samsung may have zero interest in actually reaching a settlement.
Apple believes comments from a Samsung attorney calling the iPhone maker "jihadist" aren't productive for initiating settlement talks.
As evidence of this, Apple's legal team cites two stories in which key Samsung lawyer John Quinn made inflammatory remarks about Apple and its intentions.
In one quote, Quinn says that "it's kind of hard to talk settlement with a jihadist." Apple's attorneys said comments like this are unlikely to signal a "fruitful return to mediation."
In another story, Quinn is quoted as saying that he believes Apple will not see any money from Samsung in its litigation. He also dismissed earlier verdicts against Samsung, saying that Apple hadn't "collected a penny" or managed to take any products off of the market.
"This is Apple's Vietnam, and people are sick of it," Quinn was quoted as saying in a March interview with Law360.
As such, Apple is concerned as to whether Samsung is in fact "genuinely interested" in pursuing a settlement. Apple says it would rather settle than continue in the courtroom, as long as an agreement would recognize and protect the company's intellectual property.
"Apple remains concerned that despite protestations to the contrary, Samsung has adopted a business model that prohibits early or even timely resolution of any dispute involving intellectual property infringement," Apple's filing reads.
It goes on to state that comments from Samsung's attorneys suggest the company believes that existing judgments will not withstand appeal. Apple suggests that the comments from Samsung indicate it has no interest in settling, as it believes it can prevail with a prolonged court battle.
The filing, made on Monday, comes as a report out of Korea alleged that Apple and Samsung are once again in talks to settle their patent infringement disputes, which span across the globe in numerous legal clashes. Talks are said to have reignited after Apple was found to have infringed on some Samsung patents in their most recent U.S trial.
While both Apple and Samsung were found guilty of patent infringement, the disparity was wide: While Apple paid only$158,000 in damages, Samsung was fined $119.6 million. Still, the retrial proved advantageous for Samsung, which saw its original damages reduced from some $1.05 billion.
Comments
Samsung doesn't care if this war is fought for another 30 years. I think legal expenses must come out of Samsung's advertising budget.
Samsung doesn't care if this war is fought for another 30 years. I think legal expenses must come out of Samsung's advertising budget.
That and Google's budget.
I hate to say this, but I think is time Tim gives Obama a call and make sure Samsung does not ship a single product into the US. Then Tim need to talk to the EU and make Samsung does not ship any products there. I think their tone will change if they loose two of their biggest markets.
What their lawyer is saying it is costing Apple more than Samsung not to settle.
Huh? Two different trials...
While both Apple and Samsung were found guilty of patent infringement, the disparity was wide: While Apple paid only$158,000 in damages, Samsung was fined $119.6 million. Still, the retrial proved advantageous for Samsung, which saw its original damages reduced from some $1.05 billion.
The $119.6 million is not a reduction of the $1.05 billion. And this trial was not a retrial of the original trial. In the original trial there was an adjustment to the initial $1.05 billion in damages against Samsung, down to $920 million. So the first trial netted Apple $920 million in damages against Samsung and the second trial netted $119.6 million in damages against Samsung. Samsung will appeal the verdicts in both trials so we'll hear more about both trials in the future.
Why in the world would Apple be willing to settle with those scum sucking parasites?
I mentioned Apple and Samsung kissing and making up in a post a few days ago, but it was supposed to be a damn joke. I didn't realize that it was actually a possibility.
[I]"It's key to bear in mind that the parties' court filing, including the attached correspondence between counsel that was apparently written for no other purpose than the blame game that is now taking place in front of the judge, relates only to ADR with the help of a mediator (which the parties tried before, more than once in fact). This is separate from the working-level discussions the Korea Times reported on. Working-level discussions can take place anytime, but the parties wouldn't tell the judge about those informal talks. Judge Koh wants them to make another formal mediation effort. And so far they can't agree on that one. But they are probably talking nonetheless, just not in a formal ADR setting. They can settle without ADR.
Apple wants assurances that its participation in an ADR effort wouldn't be held against it in court (as evidence of its willingness to license), while Samsung would be available for ADR "without seeking to impose any comparable conditions upon Apple". Samsung notes that "Apple has repeatedly used its prelitigation meetings with Samsung during trial to support its arguments".[/I]
http://www.fosspatents.com/2014/05/apple-samsung-lawyers-blame-each-other.html
Of course the lawyers for Samsung don't want to settle. Samsung is a rotten company- now imagine its lawyers!?! It means killing the goose that is laying the golden eggs...
No sales means no money to continue battling in court.
I for one would never buy or own a Samsung product after reading about this kind of behavior from a corporate entity. No morales, not dignity, no class what so ever.
Don't buy Samsung products!
Why in the world would Apple be willing to settle with those scum sucking parasites?
I mentioned Apple and Samsung kissing and making up in a post a few days ago, but it was supposed to be a damn joke. I didn't realize that it was actually a possibility.
Because it provides no benefit to Apple and has the greater potential of damaging their reputation.
What benefit could it provide? $100 million, $1 billon? Chump change to Apple. Bragging rights? I'm sure hundreds of millions of teenagers with their Samsung phablets couldn't care less.
What are the potential downsides? Apple ends up being seen by everybody in the industry as the bully in the mobile playground. And over what? A few design and software patents that don't come close to expressing what Apple products stand for because you can't patent quality and effort.
As Tim Cook said at AllThingsD a couple of years ago "it's a distraction". They only had to go "thermonuclear war" because Steve was pissed at Eric Schmidt. Job done. Time to move on.
Time for a new "I'm a Mac" campaign focussing on the copyist that never quite gets it.
Unfortunately these patent war chests just make it more difficult for the small guy to get into business. As we can see patent or no patent doesn't stop the 800 pound gorillas, but it stops the small guys that cannot risk getting cought with their patents down to their ankles.
You realize that would be Apple products too right? They supply components for many of Apple's products.
But have you seen the price?
Why in the world would Apple be willing to settle with those scum sucking parasites?
Because Apple isn't suing to make money. They are suing to get their IP recognized and properly licensed. If Samsung was willing to admit their wrong doing and agree to proper licensing including back payments, Apple would take that.
But Samsung wants it to go to trial to drag it out so that they can make their money and by the time any judgement is rendered that might take something off the market it's already gone.
Because it provides no benefit to Apple and has the greater potential of damaging their reputation.
What benefit could it provide? $100 million, $1 billon? Chump change to Apple. Bragging rights? I'm sure hundreds of millions of teenagers with their Samsung phablets couldn't care less.
What are the potential downsides? Apple ends up being seen by everybody in the industry as the bully in the mobile playground. And over what? A few design and software patents that don't come close to expressing what Apple products stand for because you can't patent quality and effort.
As Tim Cook said at AllThingsD a couple of years ago "it's a distraction". They only had to go "thermonuclear war" because Steve was pissed at Eric Schmidt. Job done. Time to move on.
I think that Apple has itself in a "damned if they do" "damned if they don't" situation.
I think it's time to cut its losses [gains... whatever].