Samsung Apple Settlement Talks Continue, Android Jellybean, Samsung Note 10, Apple iPhone 5 Now Involved

Gina Smith
Written by Gina Smith

Apple says it anticipates adding Samsung’s Galaxy Note 10 and Android Jellybean to its fight against Samsung, as Samsung issues a press release saying it is adding Apple iPhone 5. Apple and Samsung are in settlement talks — escalation is a common negotiation tactic. Experts say this signals a settlement might be at hand.

Apple and Samsung have been in settlement talks over its IP war ever since Apple sued Samsung last year. Experts tell that yesterday’s filing with a California court — escalating the battle to include Apple iPhone 5, Android Jellybean and the Samsung Galaxy Note — might signal that a Samsung Apple settlement is close at hand.

The filing was signed by attorneys from Apple as well as Samsung, contrary to press reports all morning that said Samsung alone filed a “note” with the court threatening the Apple iPhone 5.

In the September 19 joint case management conference statement — it is included in place below so you can read it — both sides threatened to add new products to their continuing IP mega battle. Yes, Samsung targets the iPhone 5.  Apple in the same document threatens Android Jellybean, too. That could draw Google into the case, another angle no one is examining.

“The war’s gone thermonuclear, just as (the late Apple CEO) Jobs promised,” says Tom Ewing, an IP attorney who advises the United Nations on patent issues. But it also is an intriguing signal not unusual in warfare.

Most of the press are erroneously reporting that Samsung filed the first shot today, but read the counterclaim from September 14 and the case management statement it filed yesterday and you’ll see both Apple and Samsung are adding products to the war. Even as they sit at the negotiation table, documents below reveal.

“The fact that the battle is intensifying over the last few days might signal that Apple and Samsung are close to settlement,” Ewing added. “It’s typical, as in traditional warfare, to fight harder during peace talks to gain more leverage.”

Here’s the document filed yesterday in California, in which Apple and Samsung each add more products to the list of those they say in turn violate IP.

Samsung New Note to Court Gina Smith

And here’s the counterclaim Samsung filed against Apple on September 14, 2012 two weeks after a California jury decided Samsung owed Apple $1B for patent infringement. That’s half of what Apple asked for.

Samsung Counterclaim Sept. 14, 2012

Both sides publicly say they intend to or already are in the process of asking courts to stop the sales of the latest Apple and Samsung products in the U.S. and globally.

Stranger still, Samsung this morning told reporters it added the Apple iPhone 5 to its claims today, even though “all iPhones and all iPads” are already included in the Samsung counterclaim it filed against Apple September 14, 2012. And the so-called note wasn’t filed today, it was yesterday.

About the author

Gina Smith

Gina Smith

Based in San Francisco, Gina Smith is a New York Times bestselling author and an award-winning journalist online, in print, radio and national TV. A former tech correspondent for ABC News, Gina founded aNewDomain with John C. Dvorak and Dr. Jerry Pournelle. Email Gina at and follow her @ginasmith888 and on Google+ through her page at +Gina Smith.

  • Ant Pruitt

    Details, details, details. This is perfect timing by Samsung on this matter. Settlement time, folks. 80% of the LTE patents owned changes leverage.

    -RAP, II

  • I wonder who is going to benefit from this IP conflict? I have a distinct feeling it’s not going to be the users/customers… As for the press, they don’t even check their facts once let alone double anymore. We shouldn’t be surprised they don’t even read their press releases with care.