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Samsung, Apple Agree To Try Mediation In Patent Disputes

An anonymous reader writes "The smartphone and tablet rivals will work with a mediator in an effort to settle their patent disputes in advance of a second trial on the issues scheduled for this spring, according to Bloomberg News. The agreement, filed in federal court in San Jose today, was in response to U.S. District Judge Lucy Koh's request in November that both sides submit a settlement discussion proposal before trial. Senior legal executives at the companies met Jan. 6 to discuss 'settlement opportunities,' according to the proposal. The companies agreed to retain a mediator 'who has experience mediating high profile disputes,' according to the filing, which doesn't name the person. The chief executive officers and three to four company lawyers, but no outside lawyers, will attend the mediation before Feb. 19, according to the filing."

16 of 70 comments (clear)

  1. Re:Apple won't let it happen. by Nerdfest · · Score: 5, Insightful

    A very rich child, with the government in their pocket. Why would they discontinue their behaviour?

  2. Re:Apple won't let it happen. by arbiter1 · · Score: 2

    All this is, for apple is a way to look like they are trying to do things in good faith. That is all this comes down to, they will do everything they can to stone wall things to make sure they go no where but only to a point to make it look like they were willing to try to make a deal.

  3. Great! Um... quick question: by Anonymous Coward · · Score: 3, Insightful

    Why is there never any discussion about whether those patents are even valid in the first place?

    1. Re:Great! Um... quick question: by Fluffeh · · Score: 5, Insightful

      Because it is basically a gentleman's way between them where neither side wants to start invalidating patents too much else the other side comes back at their patents. Both sides want to basically "win" while retaining their own patents intact.

      A "win" without holding a deck of patents at the end isn't a win for either of them.

      You could also apply the basic premise of MAD during the cold war to this, but replace nukes with patent invalidation.

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  4. Re:Samsung knows it will lose at trial by Anonymous Coward · · Score: 2, Insightful

    Why not just *try* to hide your naked fanboism, just a little? People might take you more seriously and not dismiss you as a troll or unpaid Apple shill.

  5. Customer not Competitor by Scowler · · Score: 3, Interesting

    The Samsung IC business relationship between these two is an order of magnitude more important than any lost sales from competition. Whether or not they settle on silly frilly patent disputes will not change that fact one iota.

    1. Re:Customer not Competitor by deviated_prevert · · Score: 2, Interesting

      The Samsung IC business relationship between these two is an order of magnitude more important than any lost sales from competition. Whether or not they settle on silly frilly patent disputes will not change that fact one iota.

      Samsung if anything is not stupid. They have leveraged OSS on just about every device they make, especially smart tvs. Funny but their lines like many others do include OSS licence links right through the menu options. My question is if they settle in a circle jerk with Apple will they then be given a free pass as the Rockstar Consortium starts to go after all the sheep that microsoft already have sheared or will the patent wars heat up instead? If Apple and the cooked up US justice system beats them up badly enough will they bend over and keep taking it up the patoot? Sony uses OSS almost as much as Samsung, and LG is up there too. But the interesting question is what is going on behind the scene. The Apple VS Samsung war might just turn out to be a smoke screen if I am right about what the Rockstar Consortium is all about. I have a sinking feeling that cell phones are only the tip of the iceburg when it comes to the patent wars. Essentially OSS has taken over the embedded market especially on devices like Smart TVs. It would make perfect sense if Microsoft, Apple and Sony try a power play against all the competition in this market. MS failed in the entertainment market with ZUNE, NBC, and Apple and Sony is scared shitless of loosing their lead in the music sales market so they make strange bedfellows. But it would not surprise me at all if this Rockstar bullshit comes out of the woodwork and screws over everybody so that Apple, Sony and Microsoft can profit from every device that makes noises and pictures.

      Either way things turn out for Samsung they win, but perhaps the digital entertainment industry except for those willing to pay an extra tax to this consortium will be pushed out of the industry in the long run because of software patents. Companies like Toshiba, Panasonic. LG etc are very vulnerable and we might see a global concentration of the market into the hands of four companies in the very near future. I would not be shocked if the sudden rise of Android devices is not followed by a radical demise if these assholes succeed in their quest to completely dominate the digital communication and entertainment industry.

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  6. Ho hum by Anonymous Coward · · Score: 5, Insightful

    This is hardly news. Mediation is typically always strongly recommended by the judge prior to trial. Either party refusing to attend would make them look bad in the judge's eyes. So whether or not they actually think it is worthwhile, they both attend. And then there is no resolution. And then the trial goes ahead as planned.

  7. Re: translation by Scowler · · Score: 3, Informative

    There's a world of difference between mediation and binding arbitration. Regardless, any judge is supposed to be on the lookout for opportunities for settlements in civil actions, regardless the likelihood of appeals process.

  8. medication by dmbasso · · Score: 2

    Am I the only one who read "Samsung, Apple Agree to Try Medication in Patent Disputes"?

    It makes sense, perhaps with medication they can control their patent madness. It is certainly sick.

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  9. History of Anglican Takeover of Pagan Patents by retroworks · · Score: 2

    Does anyone on Slashdot have access to some older engineering journals on touchscreens? I was under the impression that the Taipei geeks were fiddling with the touchpad and display screen markets, out of their niche in ATM touchscreen displays (which wealthy nations ignored), and that when they were contracted by Apple to make Ipads they said "hey, check this out, we put a screen on it. And you can attach at telephone". And Apple said "heck yah make that" but nothing kept Samsung from doing the same. But that's a general recollection, I don't want to be cited as a source.

    But gee, I can spot a lot of lawyer history-rewrites on the internet. I just spent 10-15 minutes trying to track down the history of the development of "touchscreen" as it was attached to phones and tablets, and it's getting really hard to actually do any research on the web. The stakes in the legal patent claims seem to fan the rewriting of history on wikipedia and About.com (both with versions that I know aren't right, even if I'm not sure what IS right).

    I'm not comfortable enough just from reading Digitimes for 12 years to be an expert in this, but when you read display news for 12 years you can at least spot bullshit in patent claims and wikipedia articles that are years out of sync. Anyone here have any real scoop on this that's not been rewritten by the Anglican Church? It's like all the "pagan" inventions are being turned into Christian patents.

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  10. Re:Samsung knows it will lose at trial by Swampash · · Score: 2

    So then you agree with this case as well?

    Apple pays $60 million to settle China iPad trademark dispute
    http://www.reuters.com/article/2012/07/02/us-apple-china-idUSBRE86104320120702 [reuters.com]

    Well yeah, why not? Apple wanted to sell a product called iPad in a country where another company already had a trademark on the name. That company reached a court-mediated settlement under which Apple agreed to pay that company 60 million dollars for the right to use the name "iPad" in the region where the name was already trademarked.

    What's there to disagree with?

  11. Re: Apple won't let it happen. by Scowler · · Score: 2

    Apple gets sued pretty frequently in US courts. More than pretty frequently, in fact. That tends to happen when you have products, have a lot of cash on hand, and don't, in fact, have a wall of invulnerability. I doubt they get significantly more help from the US government than any other Fortune 500 company.

  12. Re:Apple won't let it happen. by Swampash · · Score: 2

    Court documents revealed that Apple had offered to licence its patents to Samsung - allowing Samsung to produce perfectly-legal Apple-licenced phones and tablets - for $30 per phone and $40 per tablet.

    Samsung rejected the offer.

  13. Re:Apple won't let it happen. by Anonymous Coward · · Score: 2, Informative

    Right, and much more significant patents are typically licensed at rates like $4-5/device.

  14. Re: Apple won't let it happen. by AmiMoJo · · Score: 2

    A presidential pardon is pretty unusual.

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