Court ordered negotiations to try to scale back claims in Apple and Samsung’s patent infringement trial before handing the case over to the jury have failed, making it likely the panel will have to work through all of the claims starting on Tuesday.
Judge Lucy Koh asked both sides to try one more time to reach an agreement for a settlement and to at least work on reducing the number of infringement claims jurors would have to wade through. She also wanted the CEOs from both companies to discuss settlement options again, according to Bloomberg.
Despite Judge Koh’s efforts Apple and Samsung aren’t settling their patent cases
Judge Koh’s hopes for a more streamlined set of complaints, however, seem to have fallen through. “The parties have met and conferred about case narrowing, but have not been able to narrow their cases further,” Apple and Samsung’s legal teams said in a joint filing.
Apple CEO Tim Cook and Samsung CEO Kwon Oh Hyun are scheduled to talk privately today to discuss the possibility of a settlement one last time. Attorneys from both companies will report back to the court later today with the results of those talks.
Judge Koh said she is “pathologically optimistic” the companies will reach a settlement. Assuming Apple and Samsung do agree to a settlement, it isn’t likely that will happen before the case is handed over to the jury on Tuesday.
Apple is claiming Samsung owes US$2.5 billion for patent infringement, and Samsung claims Apple owes 2.4 percent of all iPhone sales for using its patents without proper licensing.
Apple and Samsung have been fighting in courtrooms around the world over mobile device patent infringement complaints for over a year. Both companies claim the other is using patents without proper licensing, and Apple has also accused Samsung of blatantly copying the iPad’s look and feel.
Both sides are scheduled to file motions related to jury instructions and exhibits today.