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Old Jan 8, 2014, 09:46 PM   #1
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Apple and Samsung CEOs Agree to Mediation Meeting in U.S. Patent Fight




Apple CEO Tim Cook and Samsung Electronics CEO Oh-Hyun Kwon have agreed to attend a mediation session on or before February 19, in advance of a March court battle over smartphone patents, reports Reuters.

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Apple*CEO Tim Cook and Samsung CEO Oh-Hyun Kwon will attend the session with in-house lawyers only, according to a Wednesday court filing. Their legal teams had met on January 6 to "discuss settlement opportunities," the filing read.
In late December, The Korea Times reported the two companies had resumed settlement talks in their ongoing negotiations over their patent-infringement dispute and that Samsung Mobile CEO Shin Jong-Kyun could be heading to the United States to meet with Cook.

Cook had met with former Samsung CEO Choi Gee-Sung in 2012 to discuss the subject, but talks fell through because Samsung would not accept Apple's patent royalties demand. The two companies also met last year in Seoul, Korea but discussions failed to progress.

This is yet another turn in the long, ongoing patent battle between Samsung and Apple, which began in 2011 and continued into 2012 when Apple was awarded $1 billion in damages in a U.S. trial. A judge voided nearly half of that award in March 2013, and then ruled in November 2013 that Samsung was to pay Apple $290 million for willfully violating multiple patents. Another infringement lawsuit between the two companies will be held on March 31, with another trial centering around Apple's call for a U.S. ban on Samsung products. This is all in addition to other patent trials between the two companies taking place all over the world.

Article Link: Apple and Samsung CEOs Agree to Mediation Meeting in U.S. Patent Fight
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Old Jan 8, 2014, 09:47 PM   #2
maxwelltech
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The patent troll case better be over.
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Old Jan 8, 2014, 09:50 PM   #3
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Good luck with that.
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Old Jan 8, 2014, 09:51 PM   #4
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I think it's in both companies best interests to see this settled. Nothing is gained by either in this process. Besides, the new Samsung interface more closely resembles Windows Phone, so Apple has less to worry about now...
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Old Jan 8, 2014, 10:06 PM   #5
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Apple does not have less to worry when Samsung still continues to sell massive quantities of phones, this worry Apple battles when it seeks to ban sales of Samsung phones. If necessary, Apple will continue seeking and if it finds possible sign, a small sign of violation of a ridiculous patent which never should have granted, it will go to court if the worry of Samsung selling as much as it does is still present.
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Old Jan 8, 2014, 10:12 PM   #6
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I think it's time that they both get over it and settle it.

If Samsung's serious about working on their own software this time, this is one of the things to do first, agree to "anti-cloning" clause. After that, aboth agree to licensing fees that are freaking reasonable or use a different payment revenue such as Apple getting a discount on manufacturing costs or something like that.

Last edited by MikhailT; Jan 8, 2014 at 10:53 PM.
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Old Jan 8, 2014, 10:24 PM   #7
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Originally Posted by maxwelltech View Post
The patent troll case better be over.
RE: Patent Troll

I don't think that phrase means what you think it means.
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Old Jan 8, 2014, 10:36 PM   #8
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Apple will just keep slamming Samsung because they're 100% in the right and they know it. Samsung had better figure it out and come up with something original. That's easier said than done, though, considering Samsung's never come with anything original in the mobile market.
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Old Jan 8, 2014, 10:48 PM   #9
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If I were Tim, I would still pursue an injunction so that there are some more immediate, enforceable consequences should Samsung violate the anti-cloning agreement. Those injunctions are about specific patents and features, so it ties in to the anti-cloning clause.

It wouldn't surprise me if a dispute broke out about that clause sooner or later. In that case Samsung would have successfully reset the legal proceedings and bought themselves substantially more time.

An injunction (over, say, the rubber-banding effect) would be a clear statement to Samsung: we own all of this Intellectual Property, we have demonstrated your infringement and have the power to stop your current implementation of it. However, we will not enforce that injunction as long as you agree to this contract not to clone our products (however that's defined - the contract is confidential so I don't know), and pay royalties for what you do use.

All of that is necessary because of Samsung's poor conduct. Their copying has been far more reckless and widespread than any other Android OEM (such as HTC), and they have constantly stalled and delayed the legal process, bringing things like SEPs in to the mix (which did not exactly please the EU competition authorities).
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Old Jan 8, 2014, 11:01 PM   #10
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Hug it out lmao
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Old Jan 8, 2014, 11:02 PM   #11
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Originally Posted by genzeleam View Post
Apple will just keep slamming Samsung because they're 100% in the right and they know it. Samsung had better figure it out and come up with something original. That's easier said than done, though, considering Samsung's never come with anything original in the mobile market.
Sadly, the public is starting to ignore what Apple is saying and just doesn't care anymore. They just want this to be over with, even if it means Apple doesn't get what it wants.

Even my family is starting to think negatively of Apple, even tho they understand Apple's position, they just don't care anymore.

At this point, Apple just need to cut its loss and get Samsung into a settlement. They did it with MS, HTC, and eventually will do it with Samsung.

Slamming Samsung further only harms Apple, not Samsung.

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Originally Posted by springsup View Post
If I were Tim, I would still pursue an injunction so that there are some more immediate, enforceable consequences should Samsung violate the anti-cloning agreement. Those injunctions are about specific patents and features, so it ties in to the anti-cloning clause.

It wouldn't surprise me if a dispute broke out about that clause sooner or later. In that case Samsung would have successfully reset the legal proceedings and bought themselves substantially more time.

An injunction (over, say, the rubber-banding effect) would be a clear statement to Samsung: we own all of this Intellectual Property, we have demonstrated your infringement and have the power to stop your current implementation of it. However, we will not enforce that injunction as long as you agree to this contract not to clone our products (however that's defined - the contract is confidential so I don't know), and pay royalties for what you do use.

All of that is necessary because of Samsung's poor conduct. Their copying has been far more reckless and widespread than any other Android OEM (such as HTC), and they have constantly stalled and delayed the legal process, bringing things like SEPs in to the mix (which did not exactly please the EU competition authorities).
Actually, Samsung violating a contract will harm them more then the patent infringement. This time, Apple will use the contract as clear and simple evidence of Samsung's intentions rather than still complex patent rules.

That is one reason for Samsung not caring about settling down, the lawsuits would still be less risky and cheaper.
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Old Jan 8, 2014, 11:12 PM   #12
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Originally Posted by genzeleam View Post
Apple will just keep slamming Samsung because they're 100% in the right and they know it. Samsung had better figure it out and come up with something original. That's easier said than done, though, considering Samsung's never come with anything original in the mobile market.
That is so far from the truth now
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Old Jan 8, 2014, 11:16 PM   #13
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Cook had met with former Samsung CEO Choi Gee-Sung in 2012 to discuss the subject, but talks fell through because Samsung would not accept Apple's patent royalties demand.
Nokia cross-licensed some key patents with Apple, and we see how well Nokia is doing.

Heck, HTC is paying for a ten year FULL utility patent license with Apple, and HTC is in worse shape than ever.

Unless the price is super low, there doesn't seem to be much incentive to license. Especially since, as time goes on, some of Apple's patents are being invalidated, and others have been worked around.
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Old Jan 8, 2014, 11:44 PM   #14
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So stories about fighting are front page news, and stories of reconciliation get a blurb in the corner? Got it.
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Old Jan 9, 2014, 12:21 AM   #15
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Part of the reason I sold my AAPL kinda recently: Samsung gets to rip Apple off without any significant punishment. Even if they got hit with the $1G bill, it wouldn't really matter. Not even necessarily patent infringement but careful copying, things that they'll get away with or won't take much of a penalty for in court. Meanwhile Apple gets its public image hurt when they sue.

"You can't patent the rectangle." Sorry for probably being the 1000th visitor to use this:


No way to prevent them from doing this. Some of it is just following a trend that Apple set, something that Apple has done to other companies. But I don't care about who's right and who's wrong, just who makes the money.

Someone on MR posted this earlier. I was shocked:

Last edited by N64; Jan 9, 2014 at 12:29 AM.
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Old Jan 9, 2014, 12:25 AM   #16
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Originally Posted by genzeleam View Post
Apple will just keep slamming Samsung because they're 100% in the right and they know it. Samsung had better figure it out and come up with something original. That's easier said than done, though, considering Samsung's never come with anything original in the mobile market.
Samsung HAS changed, they are now copying Windows 8
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Old Jan 9, 2014, 01:40 AM   #17
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Originally Posted by xVeinx View Post
I think it's in both companies best interests to see this settled. Nothing is gained by either in this process. Besides, the new Samsung interface more closely resembles Windows Phone, so Apple has less to worry about now...
In what way would Apple gain by not pursuing their legal rights and REQUIREMENTS of protecting their patents?
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Old Jan 9, 2014, 02:29 AM   #18
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All Samsung has to do is to pay Apple about $25 per handset for the next 10 years. Perhaps the amount owed could be subtracted from chip and manufacturing charges, so no money is actually paid, thus saving face. That should do it.
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Old Jan 9, 2014, 03:32 AM   #19
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Even though it is mediated, nothing will come out but another legal battle. Lawyers are the only winners here.
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Old Jan 9, 2014, 06:27 AM   #20
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Originally Posted by N64 View Post
Part of the reason I sold my AAPL kinda recently: Samsung gets to rip Apple off without any significant punishment. Even if they got hit with the $1G bill, it wouldn't really matter. Not even necessarily patent infringement but careful copying, things that they'll get away with or won't take much of a penalty for in court. Meanwhile Apple gets its public image hurt when they sue.

"You can't patent the rectangle." Sorry for probably being the 1000th visitor to use this:
Image

No way to prevent them from doing this. Some of it is just following a trend that Apple set, something that Apple has done to other companies. But I don't care about who's right and who's wrong, just who makes the money.

Someone on MR posted this earlier. I was shocked:
Image
I've seen this same argument for over 2 years now. Samsung was found guilty of copying. So now what? Samsung spends more than that award money in advertising alone. Do you really expect a company as large as Samsung just to go out of business. They just released 3 tablets this week, still have at least 2 flagship phones for 2014, a number of low to medium models and more wearable products. That's just the mobile division. And let's not forget that Samsung is getting paid by Apple to make displays and chips for Apple products.
I really don't see where people are going with post like these. And if Samsung was to magically disappear overnight you still have a real demand for Android product. People would buy from the remaining pool of devices. It doesn't change the fact that iOS and the iPhone are still undesirable by many people. Apple should be working on that issue instead of battling in court.
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Old Jan 9, 2014, 07:21 AM   #21
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Originally Posted by genzeleam View Post
Apple will just keep slamming Samsung because they're 100% in the right and they know it. Samsung had better figure it out and come up with something original. That's easier said than done, though, considering Samsung's never come with anything original in the mobile market.
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Old Jan 9, 2014, 07:30 AM   #22
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Originally Posted by xVeinx View Post
I think it's in both companies best interests to see this settled. Nothing is gained by either in this process. Besides, the new Samsung interface more closely resembles Windows Phone, so Apple has less to worry about now...
I can think of up to 1 billion reasons why Apple just won't settle for a "poor" deal.
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Old Jan 9, 2014, 07:41 AM   #23
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I guess this is one time we can say Steve wouldn't have?
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Old Jan 9, 2014, 08:04 AM   #24
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Quote:
Originally Posted by N64 View Post
Part of the reason I sold my AAPL kinda recently: Samsung gets to rip Apple off without any significant punishment. Even if they got hit with the $1G bill, it wouldn't really matter. Not even necessarily patent infringement but careful copying, things that they'll get away with or won't take much of a penalty for in court. Meanwhile Apple gets its public image hurt when they sue.

"You can't patent the rectangle." Sorry for probably being the 1000th visitor to use this:
Image

No way to prevent them from doing this. Some of it is just following a trend that Apple set, something that Apple has done to other companies. But I don't care about who's right and who's wrong, just who makes the money.

Someone on MR posted this earlier. I was shocked:
Image
LOL Sums it up in pictures...
Samsung was a useless, poor quality, cheap Korean knock-off brand before they became the flagship Apple-copying phone/tablet brand.

Since copying Apple's design they have become THE flagship 'if you want to look like Apple but don't want to buy Apple' brand.

I'm not too worried because that's what Korean brands do. Hyundai for example sells cheap cars that copy designs. You can get a V6 Hyundai (stacked with gimmicks) for less than a base model V6 sold by most other brands. They perform poorly and break down easily but you get seemingly more for less.

Other brands with lesser market shares still survive and make more money. I'm confident Apple will continue to do so as long as they keep innovating.

It is annoying however, that others being able to copy without punishment can eat into their exclusive experience. It's sad seeing so many people bag out Apple when what they love is Apple's multi-touch phone experience. Credit where due...
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Old Jan 9, 2014, 08:06 AM   #25
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Originally Posted by Zotaccian View Post
Apple does not have less to worry when Samsung still continues to sell massive quantities of phones, this worry Apple battles when it seeks to ban sales of Samsung phones. If necessary, Apple will continue seeking and if it finds possible sign, a small sign of violation of a ridiculous patent which never should have granted, it will go to court if the worry of Samsung selling as much as it does is still present.
how does one decide what a ridiculous patent is?
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