Apple and Samsung fail to reach an agreement, which means more catty pre-trial motions before the big case. Oh, and why does Delaware like HTC better than Apple?
The big talk recently surrounds the court-ordered meeting where Apple CEO Tim Cook and Samsung CEO Choi Gee-sung spent nine hours in talks on Monday, and seven hours together on Tuesday. However, it appears that two big dogs were unable to reach any sort of any agreement. And so, we continue to march on toward the mega-trial this summer.
While the talks were going on, lawyers for both sides continued to pepper the court with pre-trial motions. Apple jumped on the opportunity to file for an injunction against the Samsung Galaxy 10.1 Tab, following a recent development that found likely infringement by Samsung. Meanwhile, Samsung, still stinging from a series of court-levied penalties for withholding information, is working every angle to get those penalties lessened, including accusing Apple of doing the same thing. Few developments, though, can top Samsung formally filing an "anti-fanboy" defense with the court.
Ha! Ironic fanboys! This imagery will totally sway the judge.
Earlier this year, Samsung's released a series of advertisements poking fun at the alleged blind allegiance of Apple fans. But according to Florian Mueller of FOSS Patents, last Thursday Samsung flat-out threw down the gauntlet, accusing Apple's expert witnesses of having "slavish adoration of their client" as well as being part of the "cult-like following" of Apple fans. Samsung goes on to accuse Apple's experts of ignoring "established scientific methods and governing legal principles" in praising Apple's "alleged magical and revolutionary products." Meow!
In March of 2010, this whole nasty business of lawsuits started when HTC became the first Android phone manufacturer Apple sued. Looking back, this case has not only become less and less significant, but it also has become more and more of a headache for Apple. Last Thursday, the United States District for the District of Delaware ordered the two companies to attend a mediation session in August to hammer out a settlement. Odds are slim that they will, but it may be in Apple's best interest to put this one in the bag and move on.
Apple did win an International Trade Commission import ban against HTC last December that resulted in two HTC launch delays, but in several other areas Cupertino seems to facing a hostile courtroom in Delaware.
On Tuesday the Chief Judge denied Apple's request in include four infringement counterclaims in the case because Cupertino submitted them too late. Which may be true, but to be fair, Apple lawyers were probably thrown for a loop when the Delaware court took made the unusually sweeping decision to stay all of Apple's pending lawsuits against HTC last December.
What's up, DE? No love for Apple?
The December decision to stay Apple's lawsuits, combined with the denial of counterclaims in HTC's lawsuit, leaves Cupertino facing a very unfortunate situation. Now it is probable that HTC's case (filed in September 2011) will go to trial before Apple's case (filed in March 2010). Not only that, but when that HTC trial goes down, Apple will not be able to present any counterclaims.
Not sure why things seem to go so oddly against Appel in Delaware, but appears the First State is the last state Cupertino will want any additional litigation heard.
Adrian writes the weekly Law & Apple column for MacLife.com. Follow him on Twitter, or subscribe to him on Facebook.
