Both companies have already agreed to work on an out of court settlement, prior to the trial in March.
When the original lawsuit was filed over two years ago, even back then the CEOs of Apple and Samsung sat down in order to hash out a settlement before going to trial, they were able to achieve common ground. They go for round two, requested by the court, on February 19. Both CEOs will meet alongside their in-house legal teams, they’re expected to be more flexible this time around in order to avoid going through another long, arduous and very costly trial. Though it appears that Samsung may not only have to agree to billions in licensing fees, but it may also have to agree to an anti-closing provision, which would dictate that if the company’s future products strikingly resemble Apple’s products, Cupertino could still sue.
Apple has already made its position clear. In a sworn declaration provided to the court on January 16, Apple’s Vice President and Chief Intellectual Property Counsel BJ Watrous said that all discussions with Samsung have “consistently included limits to both the scope of any license and a prohibition against cloning Apple products.” It is clear that Cupertino won’t agree to a settlement unless Samsung agrees to the anti-cloning provision, which would go against the strategy Samsung has adopted for quite some time in order to gain a massive share in the smartphone market.
Samsung has already been found to have infringed on several of Apple’s patents, which is why it has been ordered to pay up roughly $900 million in damages. The payout depends upon the outcome of the second trial, which starts in California on March 31.
Source: FOSS Patents