updated 10:04 pm EDT, Mon July 23, 2012
Companies fail to settle ahead of trial
Executives from Samsung and Apple have reportedly failed to come to an agreement over the value of each other's patents, leaving little hope for an out-of-court settlement ahead of formal trial proceedings. Samsung is said to have sent vice chairman Choi Gee-sung and mobile head Shin Jong-Kyun to San Francisco to engage in last-minute mediation talks with Apple CEO Tim Cook, sources have told Reuters.
Both sides are said to have participated in the settlement conference to satisfy demands of the San Jose, California federal court, where the patent infringement battle is set to unfold. Sources do not rule out the possibility of a pre-trial settlement, however an agreement is viewed as unlikely.
The companies have disagreed over the value of their respective patents named in the lawsuit, including Apple's "data tapping" patent that describes methods for taking URLs and phone numbers contained in SMS messages and converting the data into contextualized links to specific applications. Apple reportedly views Samsung's standards-essential patents at a lower value, as such patents must adhere to FRAND licensing terms and are less likely to result in injunctions when asserted in lawsuits. Sources suggest Samsung places a higher value on its own patent portfolio, due to next-generation technology such as 4G.
The court has already rejected a dozen of Samsung's summary judgement requests, some of which called for specific definitions on terms used in the patents. Apple has only made three requests for summary judgement, winning one but losing the other two. The trial is scheduled to begin next week.