back to article No such luck: Apple, Samsung say peace talks are off – way off

If you were thinking last week's patent settlement between Apple and Google's former Motorola division might lead to a similar détente between Apple and Samsung, you probably shouldn't get your hopes up. Although the Korea Times reported on Monday that the two rivals were close to settling all of their litigation – and there …

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  1. cyrus

    Cool...

    I love watching people (or companies) blow their wad on lawyers. Wish I was one of the lawyers for either of these bone heads. This would set many future generations of my family for life.

    Of course, I'm just a pleb so I grabs me some popcorn and watches the show.

    1. Rol Silver badge

      Not Cool

      I wonder how much a smartphone would cost without the litigation mark-up?

      1. cyke1

        Re: Not Cool

        Its Apple so that question is rhetorical.

        1. Charles 9 Silver badge

          Re: Not Cool

          Besides, the costs of the lawyers are amortized over the millions of devices each company sells. They SOUND expensive until you compare them to their annual revenues (making it a case of millions vs. billions). For them, lawyers are simply The Cost of Doing Business (tm), and in relative terms not that big a cost at that.

          1. DougS Silver badge

            Re: Not Cool

            Apple has sold over a half billion iPhones, and are unlikely have to spent anything like a half billion in legal fees, so it would be less than a buck a phone. The same would be true for Samsung.

            1. Oninoshiko

              @DougS

              It's actually more true for Sammy. Remember Sammy sells more phones that apple does on shear diversity of product lines.

              Not to mention, I bet a borderline megacorp like Sammy just pays some type of flat rate for their lawyers.

  2. Fluffy Bunny
    Black Helicopters

    Frivolous and vexatious litigation

    How do we declare Apple a frivolous and vexatious litigant? Then we could dispose of all their existing litigation and ban any future attempts to waste the court's time.

    1. DougS Silver badge

      Re: Frivolous and vexatious litigation

      Sorry, the courts determine that, not fanboys, and unless you are filing lawsuits that are thrown out by the judge immediately upon filing they aren't considered frivolous or vexatious.

    2. Anonymous Coward
      Windows

      Re: Frivolous and vexatious litigation

      As soon as people like you concede that Samsung are serial plagiarists.

      1. NumptyScrub

        Re: Frivolous and vexatious litigation

        quote: "As soon as people like you concede that Samsung are serial plagiarists."

        Since the thrust of Apple's argument is that Samsung are just copying them, then I would find it hard to argue that Samsung were not serial plagiarists :)

        hee hee hee

        1. Anonymous Coward
          Anonymous Coward

          Re: Frivolous and vexatious litigation

          And at some point you'll concede that EVERYONE is a serial plagiarist.

  3. Anonymous Coward
    WTF?

    Legalese

    "Samsung's refusal even to agree that it will not argue that Apple's participation in the ADR process can be used in future injunction or royalty proceedings makes clear that Samsung has no interest in entering into a meaningful ADR procedure or ceasing use of Apple's intellectual property," Cupertino's statement to the court reads.

    Would someone mind explaining just what that statement means? Near as I can tell, Apple thinks that agreeing to negotiate will somehow weaken their position in future litigation, and they want Samsung to agree in advance not to take advantage of said weakness, whatever that might be.

    Huh?

    1. Sealand
      Go

      Re: Legalese

      It means something along the lines of:

      "They said that we said that we thought they meant that we said that we didn't know what they meant."

    2. Geoff Campbell
      Facepalm

      Re: Legalese

      You know how in American TV cartoons you sometimes get a bully taking a smaller kid's hand and forcing them to slap themselves, whilst repeating "Stop slapping yourself" over and over? That was the image I got from that statement.

      Not that either side is whiter than white in this area, but I do wish Apple would just STFU and get back to making products and writing software.

      GJC

      1. james 68

        Re: Legalese

        "Not that either side is whiter than white in this area, but I do wish Apple would just STFU and get back to packaging products and buying software startups."

        fixed that for you.

    3. Schmomonic

      Re: Legalese

      Basically, yes.

      I would imagine they have other patents that require litigation and agreeing to that clause would prejudice further claims.

  4. Mahou Saru

    And the winners are...

    The lawyers!!!

    1. swissrobin

      Re: And the winners are...

      If they're not too depressed to notice ....

      1. Vic

        Re: And the winners are...

        > If they're not too depressed to notice ....

        It's hard being depressed when you've got that many Lamborghinis...

        Vic.

        1. gloucester

          Re: And the winners are...

          @Vic: You've not factored in the stress caused by knowing each day that once you get up you'll have to choose which one to drive.

          1. Vic

            Re: And the winners are...

            You've not factored in the stress caused by knowing each day that once you get up you'll have to choose which one to drive.

            *Brilliant*.

            Well played, sir. I consider myself appropriately chastised :-)

            Vic.

    2. Dazed and Confused
      Facepalm

      Re: And the winners are...

      Why would the lawyers be interested in an amicable settlement, this means they don't get to charge their court appearance fees.

      Reminds me of when I bought my last house, the solicitors spent a couple of weeks wrangling over one little (well understood) problem. I then spoke to the builder and explained the situation and that I knew you could buy insurance against the problem for about £100, he replied "OK to split it?" "Sure" job done.

      The lawyers will continue to fight.

      Hopefully saner minds will negotiate behind the scenes in private.

      But hey, how many saner minds are there?

  5. Longrod_von_Hugendong
    Go

    Who would have thought it...

    a company who doesn't want you to steal its ideas and make money from them.

    Apple, how dare you do such a thing.

    1. sabroni Silver badge

      Re: Apple, how dare you do such a thing.

      Indeed. Poor Xerox.

      1. Anonymous Coward
        Anonymous Coward

        Re: Apple, how dare you do such a thing.

        Poor SRI more like. After all, PARC nicked all their researchers and ideas. Xerox got paid a considerable sum when Apple 'stole' the ideas that they themselves paid nothing for in the first place.

  6. Anonymous Coward
    Paris Hilton

    It seems that arguing with Apple is like arguing with my wife since her idea of an amicable and reasonable compromise is that I admit I'm wrong on every issue and that I should never ever dare to suggest ever, ever again that she might be wrong about anything.

    Paris, because I'm glad she's not my wife

  7. Frankee Llonnygog

    Yay - go Samsung!

    Hooray for the scrappy little arms-manufacturing, blogger-buying, politician-bribing, cancer-causing, IP-ripping-off underdog.

  8. paddy1991

    How about the court charges both of them $30M a day until they agree a solution.

    (I know, I know courts cant do that!)

    It would save the rest of us the pain of watching too idiots throw insults at each other instead of negotiating.

    1. Pascal Monett Silver badge
      Pint

      That sounds like a rather nice idea.

      Have a pint on me.

      1. paddy1991

        Ta much!

        I enjoying the virtual pint as I dream of companies paying for BS waste of our courts time...

    2. Tom 13

      @paddy1991

      I'll see your US$30 million/day/company and raise you the equivalents for South Korea and the UK, direct to the appropriate national treasuries under IRS regs or regional equivalents as appropriate.

  9. Anonymous Coward
    Devil

    If, just if...

    the courts were entitled to half the money the lawyers get paid in patents cases...you know, for the hassle, paperwork and the taxpayers money spent so they can have a court of law to annoy people...zZzZz uh?? Damn, I was dreaming....

    1. Gordon 10 Silver badge

      Re: If, just if...

      agree Corporate squabbles with companies (and their groups) with over 100m dollars turnover should be paying the court the SUM of each sides legal fees. Then maybe the public courts and public defenders could get a chunk of that cash. Judges to be the sole arbitors of whether the company is worth 100m or not and what the lawyers are worth if they try a pro-bono dodge.

  10. Bottle_Cap

    Make 'em sort it out Frankie goes to hollywood two tribes style! ;)

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