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Apple demands anti-cloning provision in any Samsung settlement

updated 04:22 pm EST, Mon January 20, 2014

Attorneys argue over injunctions

Ahead of formal settlement negotiations next month, Apple has reiterated its demands for an anti-cloning provision in any potential agreement with Samsung. Litigation analyst Florian Mueller suggests Apple's insistence may be a "dealbreaker" that puts the patent-infringement lawsuit back on track for a formal trial, though the company successfully pushed HTC to sign off on such provisions as part of a settlement in a separate dispute.

"But no matter how much Samsung may hate the notion of an anti-cloning provision (it's definitely at odds with the strategy that enabled Samsung to become the global market leader in smartphones), it's a safe assumption that a deal will only come into being if Samsung accepts this," Mueller writes.

Apple's attorneys maintain that any previous talks with Samsung have "consistently included limits to both the scope of any license and a prohibition against cloning Apple products." The legal team denies Samsung's suggestion that settlement offers have already been made without such provisions.

Apple CEO Tim Cook is scheduled to meet with Samsung CEO Oh-Hyun Kwon sometime around February 19, however failure to reach an agreement will effectively initiate the smartphone patent trial the following March.

14-01-16 Apple Reply in Support of Permanent Injunction Against Samsung by Florian Mueller

By Electronista Staff
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  1. buddhistMonkey

    Fresh-Faced Recruit

    Joined: 01-29-13

    What does it say about Samsung that an anti-cloning provision would be a deal-breaker? Actually, it doesn't tell us anything that we didn't already know.

  1. shawnde

    Fresh-Faced Recruit

    Joined: 04-01-08

    Well, I guess there won't be any settlement after all .... No Samsung CEO is going to agree to an "Anti-cloning" agreement .... jesus, that way, they might as well shut down Samsung.

  1. Charles Martin

    MacNN Editor

    Joined: 08-04-01

    That same "anti-cloning" clause goes all the way back to Apple's settlement with Microsoft. I think they can easily show the court that they've been consistent about that. What's more, that clause is what gave us Windows Phone, which -- though not doing well in the marketplace, sorry to say -- is the only genuine alternative to iOS.

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