Judge urges Apple and Samsung to settle ahead of verdict

“A U.S. judge asked that the chief executives of Apple Inc and Samsung Electronics Co Ltd speak to each other at least once on the phone before a jury begins deliberating next week in the high-stakes patent trial between the two tech giants,” Dan Levine reports for Reuters. “‘It’s time for peace,’ U.S. District Judge Lucy Koh said on Wednesday in a San Jose, California, federal court, just miles from Apple’s headquarters.”

Apple accuses Samsung of copying the design and some features of its iPad and iPhone, and is asking for a sales ban in addition to monetary damages,” Levine reports. “The U.S. trial is now in its third week. Before the jury was brought into the courtroom on Wednesday, Koh told attorneys for the companies that they had succeeded in raising awareness about the importance of their intellectual property rights.”

“Top executives from both companies had participated in mediation with a U.S. magistrate judge before trial, but Koh asked them to explore settlement once again. The nine-member jury is scheduled to begin deliberations next week,” Levine reports. “‘I see risks here for both sides,’ Koh said.”

MacDailyNews Take: Which part of the following quote does this misguided busybody Lucy Koh not grasp?

Our lawsuit is saying, “Google, you fucking ripped off the iPhone, wholesale ripped us off.” Grand theft. I will spend my last dying breath if I need to, and I will spend every penny of Apple’s $40 billion in the bank, to right this wrong. I’m going to destroy Android, because it’s a stolen product. I’m willing to go to thermonuclear war on this. They are scared to death, because they know they are guilty. Outside of Search, Google’s products — Android, Google Docs — are shit. – Steve Jobs

Let the jury decide, honey. Your time in the spotlight is coming to a close.

Related article:
Design patent expert: Samsung’s prospects dim vs. Apple in patent infringement trial – August 13, 2012


    1. Actually, a very smart move by the Judge. Seeing what the case has unfolded, gives both parties a chance to come to an agreement that may better for them than what the jury may impose.

      1. No, I totally HATE this idea.
        Samsung needs to pay as does Google – thermal-nuke them…

        Settling is good but there will never be true justice then.
        I hope for a verdict in Apples favour with a huge penalty to Samsung.

      2. qka is right. Juries are funny things. You can present all kinds of damning evidence, and still they let the guilty off the hook because they liked the defense attorney’s hair style, and didn’t like the suit the plaintiff wore.

        The jury may find that Samsung infringed, but also find that Apple wasn’t harmed (Oracle vs Google: it happens).

        The innocent never want a jury deciding their fate.

        1. I do agree to an extent. It’s clear Samsung copied Apple, that’s easy to show to any objective observer.

          It’s not so easy to show exactly how, and to what extent Apple was harmed.

          1. MS Office Web Apps was introduced 2008. Google Docs was introduced 2006, after Google bought two office web app companies.

            If anything, Google Docs was based off of ThinkFree Office online, released 2001. I used it briefly back then, technically it was “over the web” but it required a Java applet and it was extremely slow to load even over a university internet connection.

  1. Xerox’s board of directors forced their PARC to show everything they had to Steve Jobs because they couldn’t make copies on what PARC had developed which was just about everything we call computers and networks today.

        1. Yes but they never showed Samsung all of their top secret stuff in exchange for millions (now it would be hundreds of billions) worth of stock.
          Xeorx was paid quite handsomely and Apple was, in exchange, given access to their tech. There was never any such meeting between Apple and Samsung. There was never even an implied sharing of design.

    1. Apple didn’t “force” anything.

      Access to projects being worked on at PARC was one of the terms of the deal to ALLOW Xerox to buy pre-IPO Apple stock. Xerox management wanted to get into Apple desperately, and they probably made a boatload of money on their share of Apple in the end.

    2. You people need to let go of the whole PARC thing already. Geesh!

      Apple didn’t copy from Xerox, they took their concepts and made their own from scratch. What, did Steve write the code on a notepad for an OS? Did he sketch the mechanicals of a mouse? Xerox didn’t lose money from their concepts because they did nothing with them. Without Apple, a mouse would have never have been made. A window operating system would perhaps not exist.

      It is true that everyone takes ideas from each other and creates their best original copy. That’s not what is on trial here. What’s on trial is Samsung. They are being sued because they stole/copied:

      1. iPhone design patents.
      2. OS designs patents.
      3. Design patents.
      4. Prior art that was well established.

      Samsung has so far been sanctioned 4 times, ignored judge orders, and continues to legally act like childish brats.

      They deserve no mercy.



        iPhone came to Market first… it was established and patented.
        And Samsung was a key partner / supplier who robbed Apple from under their noses. and Teamed up with Google with an unproven cloned OS supposedly free from Google.

        Apple need this win – a settlement sucks

  2. In related news, scientists fear an outbreak of an epidemic known only as “Internet Tourette’s.”

    “It’s a baffling disease,” said Dr. Goodwrench. ‘Perfectly normal people suddenly start spouting complete and utter gibberish for no apparent reason. It’s clear that they, themselves, think that they are making sense, but their sentences are disjointed, logic non-existent and they seem to jump from topic to topic with no regard for context or continuity or common sense.”

    The Centers for Disease Control are taking a long hard look at the matter. “It’s a serious problem,” said Israeli professor Telly Prompter. “It appears that when certain key words like ‘Apple,’ ‘Jobs’ or ‘patents’ are uttered, those afflicted with this debilitating ailment simply lose touch with reality and start to mindlessly ramble on and on and on about unrelated matters. It’s similar to a psychotic break — only it’s a lot more boring.”

    “There’s only one known cure for Internet Tourette’s,” opined government guru, Manny Petty. “Step away from the keyboard and shut down your computer. Just. Step. Away.”

    For victims of Internet Tourette’s, like GhostofSteve and the millions of other sufferers like him, that is good advice. Very good advice indeed.

  3. It makes a lot of sense for BOTH sides to try to settle this. It is likely an all or nothing verdict, which provides a great deal of risk on BOTH sides. Of course, if either side loses, it will almost certainly appeal, tying this up for another year or two. Any proceedings like this involve substantial cost and risk. That is why 95%+ of cases DO settle. It is hard to say which side stands to lose more in this case, but both sides stand to lose a lot. If they can reach a settlement that they can both live with, they should do so.

      1. +∞!

        MDN and the fans have cheered when Judge Koh slapped down Samsung. She has also slapped Apple on occasion.

        Sounds fair to me.

        Fair is when both sides go away thing the other side got the better deal.

    1. Samsung is NOT of Korean descent. Samsung IS Korean! And if you have ever lived in Korea, you eould know that cheating, lying and stealing are admired traits in business.

      1. “And if you have ever lived in Korea, you eould know that cheating, lying and stealing are admired traits in business.”

        Um, cheating, lying and stealing are on page 1 of Building a Billion-dollar Business 101, and in “Office Politics” chapter 2: “Backstabbing to get Promoted.”

        Korean business either hasn’t learned to hide it as well yet, or they don’t care and are just more upfront about it.

    2. Are you implying that because Judge Koh is Korean, and Samsung is a Korean company, that she cannot be impartial?

      If that’s what you’re saying, it’s pretty moronic and implies that the most tenuous association between individuals can be grounds for a judge being recused from a case.

      Now, if she owned Samsung stock (or Apple stock, for that matter, independent of any type of fund), or had someone in her immediate family working for either company, I could perhaps understand your point.

      If those conditions are not being met, then you come off as a bit of a bigot.

  4. The reality is that this case will be appealed to the death just like when Apple tried to sue M$ for copying Mac OS GUI.

    Apple can’t win this – all they can do is make it harder for others to copy their ideas and drag them through the court.

    Even if the jury finds in Apple’s favor they will never see a dime from Samsung. Its a shame but the legal system is too slow to work in such cases.

    1. You are so right on this. When Samsung losses they will appeal and the whole thing will be tied up for who knows how many years. Apple is better off settling and like SJ did with Dell, put Samsung in their sights and pulverize them in the marketplace. It is unfortunate, but there truly is no justice in our judicial system. It is all smoke and mirrors and wealth attorneys.

    2. Apple knows this, they are simply adding pain to the process. Apple looks to make Samsung very conscious on development of future products and making stay on the defense is the best policy. Also applies to Google, knowing you have a company with boatloads of cash with a hair pin trigger makes you think twice. Very good move by Apple. They even had Microsoft pay to play with a little not to copy clause. Apple will make companies to think twice before using that Xerox machine in the innovation building.

      1. Also good is that a lot of Samsung’s confidential documents are now public.

        To be sure, so are Apple’s, but what’s been revealed is far more damaging to Samsung, for members of the public who actually care enough to follow this.

  5. Well if Apple was as good as they are at sueing everyone at updating their lame iOS, they could go somewhere.

    Right now the iOS app store I the biggest POS on the market.

    Ths this is so retarded idiotic and dis functional.

    I am disgusted.

    I just was just looking thru the 1300 iPhone apps that are not installed on my iPad. After bowser idiotically thru hundreds of slow pages I arrive at page 1000, only 300 more apps to go thru.

    Ahhhhhrrggg, after my iPad goes to sleep I unlock the screen to find. Myself kicked back to page 1

    Now what asshole builds shit like that?

    I really need t take a look at Androd because it cannot possibly by that idiotic.

    1. Well, guess again! If you think the App Store is the biggest POS, you should see Google Play! I happen to have an Android device (Virgin Mobile didn’t have an iPhone until last week), and have been suffering through the Google Play experience since they were still Android Market (over a year now). Apple’s App Store is a Hawaiian vacation, compared to the ninth ring of hell that Google Play is.

    2. Obviously, you can tell that you wrote this on your Galaxy Tab. It’s clear that, while Samsung attempted to copy Apple’s spelling and grammar check, they did a poor job.

      Don’t be bitter you chose a cheaply imitated copy. Next time just buy the real thing.

  6. SO I suggest Tim calls Samsung and suggests a settlement that requires admission of guilt and public notice via ads all over the word.. Stop production and sale of infringing products, plus an amount of money equal to what they would win in court anyway.

    Doubt they would ever accept but those would be good terms to start of with! … judges order complied with!

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