Apple vs. Samsung
Apple and Samsung are each other's fiercest competitors in the mobile device industry, with Apple holding the top spot and Samsung scrapping away at number two. Both companies are currently engaged in almost 30 lawsuits against each other in nine countries, none bigger than the two Apple v. Samsung lawsuits in the Northern District of California, both being heard by Judge Lucy Koh.
However, they are both also tremendous partners, doing an estimated $8 billion worth of business together each year. In fact, that sweet Retina display on your new iPad or iPhone was made by Samsung, because Apple believes that no other company can do it right. This aspect of the relationship has led many people to wonder why Apple and Samsung can't find a way to work out all those differences.
Apparently, Judge Koh feels the same way, and she ordered Apple and Samsung to inform the court of their availability for an Alternative Dispute Resolution (ADR), which are formal settlement talks mediated by a magistrate judge.
Let's do this.
Both Apple and Samsung responded to the court that are "both willing to participate in a Magistrate Judge Settlement Conference with Judge Spero as mediator" and that both companies would send their CEO as well as general counsel. CEOs tend to be rather busy, so the fact that they are willing to meet is cause for hope.
Judge Koh set a 90-day deadline, and so Tim Cook of Apple, Choi Gee-sung of Samsung, and a whole mess of lawyers are about to get real in a San Francisco courthouse and try to work out a deal. Will it work? Well, Google and Oracle had tried to work out their differences in ADRs -- twice -- but a new trial is about to begin regardless. As Florian Mueller of FOSS Patents put it, "maybe something will come out of this after all, though I'm skeptical."
Apple vs. Lodsys
Apple is finally given the green-light to battle a troll on behalf of app developers. Last May, Lodsys Group, a a prolific patent assertion entity (read: patent troll), sent threatening letters to a large group of app developers, claiming if the developers did not negotiate licenses within 21 days Lodsys would sue. In true troll fashion, Lodsys launched a series of lawsuits only 18 days later. Classy.
Apple has a licensing agreement with Lodsys and believes it also protects the developers making apps for the App Store. Cupertino stated that they would help, and in June filed a motion with the court to intervene on behalf of the app developers. Lodsys disagreed with Apple's position, and filed against the motion.
The case seemed to be stalled, as the original judge was retiring, and while no one ruled on Apple's motion, Lodsys amended its original claim to include some rock star app developers like Rovio (you angry, bird?).
Oh noes. It's Apple!
Finally, last Thursday, Judge Rodney Gilstrap of the U.S. District Court for the Eastern District of Texas granted Apple's motion to intervene. During the delay, some of the smaller app developers were unable to wait any longer and were forced to settle with Lodsys, but hopefully now Cupertino can bring the heat and chase this particular troll back to the shadows.
Adrian writes the weekly Law & Apple column for MacLife.com. Follow him on Twitter, or subscribe to him on Facebook.
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