Almost everything is wrapped up in the epic Apple v. Samsung patent trial except for the jury’s job. Both sides officially finished making their case on Friday, and with the exception of some jury instruction, the next step is for the jury to start weighing a decision. But wait, there’s one more thing: The chiefs of Apple(s AAPL) and Samsung are going to try to talk out their differences via phone one last time on Monday, reports Bloomberg. It’s a last-ditch effort, and one that’s very likely going to be fruitless.
This final negotiating effort is court-ordered. Judge Lucy Koh basically said it was in both companies’ best interests if Apple CEO Tim Cook and Samsung CEO Kwon Oh Hyun were able to resolve the patent dispute before letting the jury decide. But it’s pretty unlikely they’re going to suddenly be able to work out their differences in private. After all, they’ve spent millions of dollars on damage calculations, expert witnesses and lawyers fees.
Though the legal drama going down in San Jose, Calif. hasn’t offered the most flattering view of either company, Apple, particularly, has taken a huge gamble with this trial: through executive testimony, the company has revealed secrets about the way it operates, product planning and design, all in an effort to punish and make an example out of Samsung for imitating its product designs too closely.
That’s why it’s hard to believe it would squander the ability to exact a legal judgment by opting for resolution through secret negotiations. It’s already put it all out there. Apple doesn’t want to settle; it wants the court to make clear what the consequences are for following a little too closely in its footsteps.