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As the deadline for mediation talks between the chief executives of AppleAAPL -0.27% and Samsung Electronics005930.SE 0.00% nears without an agreement, it appears the two companies will be back in court next month.
Last month, U.S. District Judge Lucy Koh, who has presided over most of the legal battles between the two companies in the U.S., ordered the chief executives of Samsung and Apple to meet by Feb. 19 to discuss mediation. The two sides were ordered to submit a proposal for mediation ahead of facing off again in a trial slated to start March 31.
Last week, Korean media reported that Apple CEO Tim Cook and Samsung’s mobile chief and co-CEO J.K. Shin met earlier this month for talks but the discussion failed to reach an agreement. Both Apple and Samsung declined to comment on those reports.
It would come as no surprise if the talks failed to bear fruit. In the past, the two companies have met to discuss mediation, but the talks did little to bridge the divide. While both sides have said they want an amicable settlement, the animosity between the companies made the chances of a successful mediation unlikely.
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Without an agreement, Apple and Samsung will continue to fight it out in global courts over patent infringement, a battle that began when Apple first sued Samsung in 2011. So far, Apple has gotten the better of it. In a high-profile U.S. case, a federal jury ordered Samsung to pay Apple a combined $930 million for infringing Apple’s intellectual property.
The March trial between the two companies involves a different set of Apple patents used in more recent Samsung products such as the Galaxy S III smartphone. Since the coming trial involves newer products that were bigger sellers, industry experts say there is a possibility of an even larger damages award if Samsung is found to have infringed Apple’s patents.
Samsung has countersued Apple over patents, and that trial is expected to start next year.
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