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Sunday, August 19, 2012
Apple, Samsung fail To Agree In Out-out-of-court Talks

Apple and Samsung made no progress toward narrowing their dispute over smartphone and computer tablet patents, increasing the chances a jury will decide the matter starting Tuesday.

Regarding the legal proceedings in San Jose, Calf., Samsung officials here said that the two sides talked under the presiding judge Lucy Koh?s orders but "no progress has been made," one official said.

According to sources, Samsung CEO Kwon Oh-hyun talked with Apple?s CEO Tim Cook through videoconference.

The previous two meetings also failed and the latest one was organized by the same judge.

The companies said yesterday they weren't able to narrow the scope of claims at issue in the lawsuit in out-of-court talks.

The judge asked the parties to try to simplify the dispute, while also ordering the chief executives of the two companies to talk one more time before a jury begins deliberating.

The Korean firm claims Apple should pay it $421.8 million for infringing on its patents, while the U.S. company wants $2.75 billion from Samsung.

Apple says Galaxy products infringed on its design-related patents. Samsung is seeking between 2 and 2.75 percent of money made on Apple devices in royalties in return for using the Korean firm's wireless patents. Apple made $12.23 billion from iPhone sales and $2.29 billion from its iPad.

Samsung had previously pledged to commit the so-called FRAND (fair, reasonable, and non-discriminatory) principle. Apple told Samsung that it can only give less than $1 when using Samsung-owned patents, which is "unacceptable and intolerable" for the Korean technology giant.

Apple said Samsung abused its "monopoly" and is demanding unreasonable royalties for the use of wireless patents in the iPhone. But Apple is in turn accused of abusing its "monopoly power" and demanding unreasonable and excessive price cuts from its Korean parts suppliers.

The case is Apple Inc. v. Samsung Electronics Co. Ltd., 11- cv-01846, U.S. District Court, Northern District of California (San Jose).

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