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Samsung, Apple Agree To Try Mediation In Patent Disputes

Posted by samzenpus on from the we-can-work-it-out dept.

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."

6 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. 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.

      --
      Moved to http://soylentnews.org/. You are invited to join us too!
  3. 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.

  4. 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.

  5. 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.