Settlement talks between Apple and Samsung scheduled for May 21-22
A U.S. judge has scheduled court-moderated settlement talks between Apple and Samsung to take place on May 21-22 in San Francisco, Calif, in an effort to resolve a legal dispute that now includes 50 lawsuits across 10 countries.
Magistrate Judge Joseph C. Spero will oversee the talks because he is not directly involved with the lawsuit, FOSS Patents reported on Saturday.
The meetings came about after Judge Lucy Koh, the judge presiding over two suits Apple has lodged against its rival, ordered efforts toward an "Alternative Dispute Resolution." Tim Cook and Gee-Sung Choi, the chief executives at Apple and Samsung, respectively, have agreed to take part.
The May dates are several months earlier than the original 90 day deadline that Koh had set.
Spero has asked both parties to submit a statement by May 9 that will include "a candid evaluation of the parties' likelihood of prevailing on the claims and defenses." Report author Florian Mueller called the request "wishful thinking" because he doubts either company would admit that their claims are weak. He did say, however, that having a separate judge preside over the talks couldn't hurt, since there's "no way" they could cast doubt on any of their claims in front of Koh.
Recent public statements would suggest that Cook is open to negotiations with Samsung. He said last week during a quarterly earnings conference call that he would "highly prefer" to settle Apple's lawsuits against its competitors, though he also voiced his commitment to protecting the company's intellectual property. That stance would appear to be a softer one than Cook's predecessor, the late Steve Jobs, who told his biographer that he was willing to go "thermonuclear war" on Android and spend every penny of Apple's bank balance to "destroy" Google's competing operating system.
The number of lawsuits between Apple and Samsung has swelled to roughly 50 initial filings across 10 countries. Mueller also noted in his report that the rulings could affect as many as 31 countries, as one filing in Spain could affect all EU member states.
Representatives from Apple, including even Jobs himself, met with Samsung at least four times in 2010 to air its complaints. However, the two were unable to come to an agreement. Apple eventually filed its first lawsuit against Samsung last April, accusing the company of copying the look and feel of the iPhone and iPad.
Magistrate Judge Joseph C. Spero will oversee the talks because he is not directly involved with the lawsuit, FOSS Patents reported on Saturday.
The meetings came about after Judge Lucy Koh, the judge presiding over two suits Apple has lodged against its rival, ordered efforts toward an "Alternative Dispute Resolution." Tim Cook and Gee-Sung Choi, the chief executives at Apple and Samsung, respectively, have agreed to take part.
The May dates are several months earlier than the original 90 day deadline that Koh had set.
Spero has asked both parties to submit a statement by May 9 that will include "a candid evaluation of the parties' likelihood of prevailing on the claims and defenses." Report author Florian Mueller called the request "wishful thinking" because he doubts either company would admit that their claims are weak. He did say, however, that having a separate judge preside over the talks couldn't hurt, since there's "no way" they could cast doubt on any of their claims in front of Koh.
Recent public statements would suggest that Cook is open to negotiations with Samsung. He said last week during a quarterly earnings conference call that he would "highly prefer" to settle Apple's lawsuits against its competitors, though he also voiced his commitment to protecting the company's intellectual property. That stance would appear to be a softer one than Cook's predecessor, the late Steve Jobs, who told his biographer that he was willing to go "thermonuclear war" on Android and spend every penny of Apple's bank balance to "destroy" Google's competing operating system.
The number of lawsuits between Apple and Samsung has swelled to roughly 50 initial filings across 10 countries. Mueller also noted in his report that the rulings could affect as many as 31 countries, as one filing in Spain could affect all EU member states.
Representatives from Apple, including even Jobs himself, met with Samsung at least four times in 2010 to air its complaints. However, the two were unable to come to an agreement. Apple eventually filed its first lawsuit against Samsung last April, accusing the company of copying the look and feel of the iPhone and iPad.
Comments
Can (have?) the boxes in which the products are presented to consumers be presented in this case? I realize that's virtually unprotectable, but it's important to note.
Apple "Stop copying our stuff".
Samsung "We aren't copying your stuff".
Both, together "See you in court".
The end.
Quote:
Originally Posted by hill60
Both, together "See you in court".
Then Apple sues Samsung for copying them.
I think that Apple has done what other companies wouldn't. Make it work and make it simple. Problem is Apple has pretty much thought of everything from the start (the first iPhone and iPad). The other companies are having a hard time creating a product like Apples without crossing over into copyright territory. So samsung is the one who is trying to break Apple both out and in court. Apple really doesn't have anything to worry about. Samsung is just flexing their muscles.
Quote:
Originally Posted by tylerk36
Apple really doesn't have anything to worry about. Samsung is just flexing their muscles.
The problem with your theory is that its conclusion leads to the equivalent of Samsung being maimed. Samsung as the overall corporation (the one that does televisions, dishwashers, and construction equipment). If you call the mobile division the whole thing here, then it becomes the equivalent of simultaneous full-body muscle death.
"Apple really doesn't have anything to worry about. Samsung is just flexing their muscles."
That Samsung muscle just became the number one phone manufacturer to beat out Apple, all thanks to Android.
Quote:
Originally Posted by some internet dude
"Apple really doesn't have anything to worry about. Samsung is just flexing their muscles."
That Samsung muscle just became the number one phone manufacturer to beat out Apple, all thanks to Android.
People keep saying that but everywhere I go in the US I see way more iPhones. When on an airplane you can get a very quick survey of phones because as soon as it lands everyone pulls out their phone. Last week I was on a couple flights and overwhelming majority of phones were iPhones. Maybe it is the specific types of places I go or the type of people I know but I'm just not seeing as many Android phones as iPhones.
In Central America I see mostly BB and some iPhones almost zero Androids.
Since Tim Cook claims to dislike litigation, let's hope they can work out a deal - Apple has precious little to show for it's 'nuclear' legal strategy except for enriching lawyers on both sides.
Quote:
Originally Posted by tylerk36
I think that Apple has done what other companies wouldn't. Make it work and make it simple. Problem is Apple has pretty much thought of everything from the start (the first iPhone and iPad). The other companies are having a hard time creating a product like Apples without crossing over into copyright territory. So samsung is the one who is trying to break Apple both out and in court. Apple really doesn't have anything to worry about. Samsung is just flexing their muscles.
The problems in your logic annoy me, but I'll just say to look up the difference between a copyright and a patent.
Quote:
Originally Posted by mstone
People keep saying that but everywhere I go in the US I see way more iPhones. When on an airplane you can get a very quick survey of phones because as soon as it lands everyone pulls out their phone. Last week I was on a couple flights and overwhelming majority of phones were iPhones. Maybe it is the specific types of places I go or the type of people I know but I'm just not seeing as many Android phones as iPhones.
In Central America I see mostly BB and some iPhones almost zero Androids.
I tend to question why it matters. Neither company appears to be headed toward flat growth or decline over the next few years. I see more iphones too, but they're still growing. It's not like when everyone who owned a blackberry immediately switched to an iphone (still freaks me out how fast that happened).
Quote:
Originally Posted by some internet dude
"Apple really doesn't have anything to worry about. Samsung is just flexing their muscles."
That Samsung muscle just became the number one phone manufacturer to beat out Apple, all thanks to Android.
Samsung is doing amazingly well. Nobody else is making as many waves, and nobody else has such a variety of category-leading (or founding) products.
And some of them have been more than just minor hits. The Galaxy S2 was a serious entrant, as is the Note. The rumors of the S3 say that it has promise of greatness.
Other divisions of Samsung are also doing well. The semiconductor side is notable for their production expertise.
They seem like they are quickly becoming dominant in many areas. Is that the case?
You really can't go by that type of statistical survey to determine anything. Your base population is far too small and doesn't truly represent a fair selection of the american population. I work at a job where I do get to see a very diverse cross section of the American Population and even then as a Tech Support representative for AT&T I still don’t use my job to give me an idea of what Americans are using for phones. I do not get the people like our selves who are very tech savvy or prepaid plans. For me I just go with what the pollsters say. iPhones take probably between 40-60% of post paid smartphone service plans in the United States while it will most likely only make up between 1-5% of prepaid plans where android is the dominant (only) choice.
Quote:
Originally Posted by markbyrn
Since Tim Cook claims to dislike litigation, let's hope they can work out a deal - Apple has precious little to show for it's 'nuclear' legal strategy except for enriching lawyers on both sides.
It looks increasingly as if the Global Thermonuclear War is about to fizzle. I think that is likely a good thing.
The question remains of the extent to which Apple will be willing to license its tech, and the extent to which Apple will insist that other manufacturers make product changes.
It will be an elaborate dance.
You just see what you wanna see, its all in your head. The numbers go against you perception of reality.
Quote:
Originally Posted by some internet dude
You just see what you wanna see, its all in your head. The numbers go against you perception of reality.
No, I don't think that is the case because I don't dislike Android phones at all. I actually rather like them with the larger screen and SD card, user accessible file system, etc. but I chose iPhone because I'm quite entrenched into the entire Apple ecosystem so iPhone is just a better fit for me, and it fits in my pocket easily. I think people should choose whatever phone works for them. The mysterious Android popularity perhaps can be explained as simply a different demographic than I encounter in my daily travels. Maybe that is why the Internet usage statistics indicate that iOS is vastly more active than Android. Professional people on airplanes use their iPhones quite a bit more than the pay as you go Android user on the ground whom I interact with seldomly.
Quote:
Originally Posted by I am a Zither Zather Zuzz
It looks increasingly as if the Global Thermonuclear War is about to fizzle. I think that is likely a good thing.
The question remains of the extent to which Apple will be willing to license its tech, and the extent to which Apple will insist that other manufacturers make product changes.
It will be an elaborate dance.
Are you kidding?
The "thermonuclear war" is still just reaching the hearings stage and has a long way to go to reach fruition.
Apple sued Motorola and HTC over another six patents in Miami last month.
Speaking on behalf of Relic I just wanted to say that it is about time Apple grew up and start conducting business the honorable, Korean way. Their accessories and packaging are so dissimilar to Apple's own, in fact, that you'd have to be looking for any likeness to notice any. If it weren't for Samsung, 20 year old POS devices that allow me to sign for 1 800 PET MEDS right at my front door, my God sometimes I am just amazed at how cool all these goodies are, you should all be too, wouldn't even exist! And for that matter, all these businesses trouncing around as if they have legal obligations to shareholders just makes me nauseous but at least they serve ice cream here.
Quote:
Originally Posted by Tallest Skil
Then Apple sues Samsung for copying them.
haha
I believe Samsung is stealing IP, but that is pretty funny.
Quote:
Originally Posted by mstone
People keep saying that but everywhere I go in the US I see way more iPhones. When on an airplane you can get a very quick survey of phones because as soon as it lands everyone pulls out their phone. Last week I was on a couple flights and overwhelming majority of phones were iPhones. Maybe it is the specific types of places I go or the type of people I know but I'm just not seeing as many Android phones as iPhones.
In Central America I see mostly BB and some iPhones almost zero Androids.
You remember that survey that showed that iOS users actually used their devices more? And the one before it? Oh, the one prior to that one as well? Folks may very well claim their free or cheap Android devices, and Galaxy may be off to a strong start, but the lack of security and system updates will inevitably push more folks to iOS on the high end. Android will no doubt rule the murky waters where the BOGO-happy dime chiseler dwells for years to come.
Is this argument still going on? It's clear that Samsung wanted to sell a metric-ton of phones, and decided to copy the popular phone of the time. They've been doing it for years. Before the iPhone came out, Samsung was all about making Blackberry clones, and before that they were making Palm Treo clones, and before that they were Nokia clones. Samsung is the Hyundai of mobile phones -- they reinvent themselves every five years or so, and base their new designs off of what is popular. Anyone who says that Samsung doesn't copy other companies' intellectual property needs to get their eyes checked.
Oh and it's no surprise that Samsung is selling more phones than Apple. At my local supermarket you can buy a Samsung-built Droid at the checkout stand for $49.99 w/o a contract. My brother-in-law forgot his cellphone when he last went on vacation, so he bought a disposable phone in Orlando -- it was a Samsung. Samsung makes a lot of inexpensive, underpowered, cheaply built mobile phones. Of course they're going to sell a gajillion of them.