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Summary:

Apple and Samsung traded some quality insults — including “jihadist” — in a new court filing related to smartphone patents. This is likely good news for lawyers at a time when other major patent cases are settling.

Apple and Google last week declared a dramatic peace in their global battle over smartphone patents, but there’s little indication the pact will end legal hostilities between Apple and its Korean rival, Samsung. Instead, the two companies traded insults in a new court filing that was supposed to describe their efforts to settle a long-running patent case in California.

In the filing, Apple complains that Samsung’s head lawyer, John Quinn, described the iPhone maker as a “jihadist” to the media, and that Quinn had also described the patent case as “Apple’s Vietnam.” Apple also points to a new Vanity Fair article that claims Samsung systemically filches others’ intellectual property part of its business model.

Samsung, meanwhile, claims in the filing that Apple is demanding improper concessions before settlement talks even begin — specifically, that Apple insists that Samsung not bring up the talks in unrelated legal proceedings.

“Only Apple,” says Samsung, “seeks to impose an obstacle to this resolution through a unilateral condition precedent to further [Alternative Dispute Resolution].”

All of this is unlikely to please U.S. District Judge Lucy Koh, who has now presided over three hoopla-filled jury trials in San Jose, and who has repeatedly tried to browbeat the two companies into settling.

Despite reports in the Korean press that settlement talks are underway, the new filings suggest they may be a long time coming.

Last week’s landmark settlement between Apple and Google (which makes the Android operating system used by Samsung in its mobile devices) suggested that the smartphone industry has finally grown exhausted with patent litigation, which has done little to affect the market for mobile devices. Instead, it looks as if the lawyers will get to keep billing for a little longer.

Here’s the ADR filing, first spotted by The Verge:

Apple Samsung Settlement

  1. Robert Seth Tuesday, May 20, 2014

    While some of the litigation is understandable, it really does seem to go too far sometimes. In the end it really is the lawyers that often end up making all the money. It’s hard to say how much all this litigation costs, but it’s certain that if there wasn’t so much of it, the savings could go toward making the products less expensive. This could make the companies more price competitive which might gain them more business and more profit than trying to protect everything in court.

    http://www.complicatedtosimple.com

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    1. Talent App Store Tuesday, May 20, 2014

      These companies are only behaving rationally, given the nature of the patent system.

      The amounts of money at stake are so enormous that these companies have no alternative but to turn up and fight on every battlefield, which includes not just marketing, produce development, and channel strategies but also the legal swamp which is the patent system.

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