At the urging of Lucy Koh, the federal judge presiding over the Apple versus Samsung patent trial, the two tech giants gave peace a chance. Apple CEO Tim Cook and Samsung CEO Kwon Oh Hyun spoke in a last-ditch effort to resolve their differences before the case concludes today, though the conversation proved fruitless.
"The CEOs did speak...[but] there was no resolution," Samsung attorney Kevin Johnson said. "We will see you tomorrow."
Judge Koh asked the two sides to speak, warning that failing to reach a settlement before handing down jury instructions might not be in their best interests. “I see risks here for both sides," she said last week.
Court-mandated talks between Cook and senior Samsung executives in July ended in disagreement ahead of the trial’s launch, so this latest failure to reach a deal comes as no surprise.
After three weeks of testimony, Apple and Samsung’s counsels will present their closing arguments to the nine-person jury today. Jurors will then be given a 100-page deliberation instruction document, as well as a 21-page preliminary verdict form. The latter, which Judge Koh feared would confuse jurors because of its complexity, will require members of the jury to decide which devices infringe on the others’ patents. That includes Samsung’s five utility patents and Apple’s seven utility and design patents.
Jurors will also be instructed to assign damages, using expert testimony from both sides as a guideline. The award could range from several million dollars to $2.5 billion (£1.6 billion), the figure proffered by Apple as the losses it suffered from Samsung’s alleged patent infringements.