After spending years and millions of dollars fighting over allegations of patent infringement, Apple Inc. and Samsung Electronics Co. Ltd. have announced to a California federal judge that they are prepared to attempt to resolve their differences with the help of a mediator.

US District Judge Lucy H. Koh had ordered the parties to file a joint alternative dispute resolution statement.

Damages

Samsung has been ordered to pay Apple $548 million in damages. Samsung recently sought to delay payment of that amount, pending an appeal that the judge called “frivolous.”

The second damages retrial in the case is tentatively scheduled for March or April of 2016 if the parties fail to settle. If the case goes forward, this will be the third jury trial involving the patents at issue.

In 2012, a jury found Samsung liable for $1.05 billion in damages for patent infringement. The amount was since reduced due to appeals by Samsung and the resulting retrials.

In mid-September, the Federal Circuit ruled that Apple had the right to block Samsung from using Apple’s patented technology. Judge Koh had previously ruled that the payment of damages and licensing by Samsung was enough of a remedy.

Previous Settlement Attempts

The companies also agreed to court-supervised mediation before the first and second jury trials but failed to reach a settlement. The parties did agree to settle all their non-US patent litigation.

We have blogged about the long-running Apple-Samsung IP disputes on several occasions, such as in this blog about one of Apple’s damages experts and this blog about the iPhone’s design as “trade dress.”

The case is Apple Inc. v. Samsung Electronics Co. Ltd. et al.

Takeaway

Alternative Dispute Resolution (ADR) methods such as mediation and arbitration can be effective ways to resolve intellectual property disputes without the delay and expense of protracted IP litigation.

About Us

Leech Tishman’s Intellectual Property Group is based in Pasadena, California with a team of highly-regarded legal professionals with prosecution and litigation expertise in the fields of patent, trademark, copyright, and trade secrets.

Please also visit us online for more information about our services.

Photo Attribution: “Samsung Galaxy Tab and Apple iPad” by hi-tech.mail.ru (license).  Licensed under CC BY 3.0 via Wikimedia Commons.

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