As Apple v. Samsung is scheduled to head to closing arguments Tuesday, at least two people of note believe that the case may be resolved by an out out court settlement negotiated by the companies’ CEOs.
A source that spoke to Bloomberg said that Samsung’s CEO was scheduled to speak with the CEO of Apple over the phone today to try and resolve the dispute before a jury begins deliberating.
These CEOs are entering discussions at the behest of presiding judge Lucy Koh, who asked the two tech giants repeatedly before and during the case to settle their differences outside of court. Late in the trial Judge Koh said she was “pathologically optimistic” that Apple and Samsung could settle claims without the need for a jury’s deliberation.
For the jury, this trial has been presented as something of a ‘David and Goliath’ tale, both figuratively and literally. Apple, now the world’s most valuable company, is on home turf with a jury that some observers say may lean towards it. Samsung, on the other hand, has been trying to lob the rock that downs the beast by demonstrating that Apple’s designs and patents aren’t original in the first place. Whether this can convince the jury that Apple is unfit to be king is unclear at this time.
Speaking with the San Jose Mercury News, patent expert and trial strategy consultant Julie Blackman said that Apple is relying on a ‘good guy-bad guy’ stratagem that may be easier to understand than Samsung’s rather technical case.
“Apple has a considerable advantage because of the high-profile nature of the iPads and iPhones and the ‘proof’ of their innovativeness that follows from their popularity,” Ms. Blackman said to the Mercury News. “I’d be surprised if they (the jury) chose not to support the value of Apple’s work.”
Brian Love, a Santa Clara University law professor, agreed with Ms. Blackman in the Mercury News: “Technical testimony from expert witnesses is probably the most likely to be ignored by the jury.”
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