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Apple

Reports of Apple-Samsung settlement talks were bogus

By
Philip Elmer-DeWitt
Philip Elmer-DeWitt
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By
Philip Elmer-DeWitt
Philip Elmer-DeWitt
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May 20, 2014, 2:49 PM ET

Screen Shot 2014-05-20 at 12.13.56 PM

FORTUNE — On Monday the Korea Times reported that Apple and Samsung were engaged in “working-level discussions” to dismiss all lawsuits — much as Apple and Google had three days earlier. The piece quoted FOSS Patent‘s Florian Mueller to the effect that Apple was “looking for a face-saving exit strategy from Steve Jobs’ thermonuclear ambitions.”

On Tuesday, the Korea Times took it all back. Samsung was agreeable to settlement talks, it reported, but not Apple. “Apple resists settlement with Samsung” was the headline on an early version of the story. The final version went further: “Apple rejects deal with Samsung.”

Only trouble is, there never was a deal.

Nor were there any settlement talks, as the two companies’ joint submission to U.S. District Judge Lucy Koh court makes clear.

According to the Quinn Emanual lawyer quoted by the Korea Times, Apple was entirely to blame. But by skipping over Apple’s half of the submission, the paper missed the juiciest parts, most of them quoting John Quinn himself talking to Law360 about the $120 million damages a jury had just awarded Apple.

  • They’re not going to see any of this money. This won’t stand.”
  • “Apple hasn’t collected a penny—or succeeded in taking any products off the market.”
  • “This is Apple’s Vietnam, and people are sick of it.”
  • “It’s kind of hard to talk settlement with a jihadist.”

That, Apple’s lawyers dryly noted, “hardly presages a fruitful return to mediation.”

LINK: Joint ADR Submission

About the Author
By Philip Elmer-DeWitt
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