The judge in the dispute between the companies Apple and Samsung in the U.S. for its various patents has asked the two companies seeking to reach a settlement before the jury begins its deliberations on Monday.Lawyers for both sides and tried agree in the months before the trial, but negotiations were unsuccessful .
For 15 months, the American company Apple and Samsung of South Korea are locked in a case of intellectual property is surrounded by complaints from different countries and has been defined as “the patent trial of the century”. Apple filed a lawsuit last year against his rival in claiming that he had copied some of the designs of the iPhone during the development of their phones. The Asian company argued in response that Apple had also benefited from its wireless technology and should pay for it.
“If you wanted to show that they have intellectual property rights of these devices, the message has been received,” the judge said Koh, head of the trial in San Jose, California. Throughout the trial, the two companies have been required to submit evidence of its designers and reveal images of some of the prototypes of their mobile devices to demonstrate the similarities between models and others. The aim was to convince the jury of the originality of the designs and intellectual value of the work of each of the companies.
“In many ways, his mission is accomplished. But it’s time for peace, “the judge said lawyers for both sides. They have agreed to negotiate on the phone again, but it seems difficult to reach an agreement when the mediation by the courts during the months before the trial did not help bring positions.
The ruling will also affect its market power, as Apple and Samsung are responsible for half of mobile phone sales worldwide. In the U.S., the advent of phone Samsung Galaxy S III and rumors of the iPhone 5 promises a new episode in the race to lead the mobile handset sales, by far, still owned by Samsung. South Korea sold 50 million smartphones , almost double the terminals iPhone sold by Apple, and with a profit of 5,900 million dollars (about 4,800 million) in the last quarter.
“I see risks for both parties,” Judge Lucy Koh acknowledged. The legal process has been in the hands of a jury that, despite having three weeks listening and studying the arguments of both parties, does not have to master the complex world of patents and intellectual property. Hence, the consequences, both legal and economic, can be especially negative for both parties.
Apple claimed in its application a compensation of 2,500 million dollars from Samsung. However, that amount could be multiplied by the decision of the judge, if it considers that, apart from the decision of the jury, the South Korean company infringed patents deliberately California. Another consequence could fall on Samsung options to access the U.S. market and consolidate its international leadership finally: if you lose the trial may not sell some products in the U.S., as the successful phone Galaxy S III. On the other hand, if Apple is defeated, it could be forced to change the strategy that has led him to deal with other companies in various countries, to claim the exclusive right to their patents.