'Risk for both sides' warns judge; tells Apple, Samsung chiefs : Talk again
The judge in the Apple Samsung case has urged the CEOs of both companies to try one last time to settle their legal feud before a jury decides their multibillion-dollar smartphone and tablet war next week.
Judge Koh: risks for both skides
With the California trial in its third week, U.S. District Judge Lucy Koh declared,"It's time for peace."
She said the firms' top men should speak, at least by phone, before the case goes to the jury next week. Lawyers for both sides promised that Samsung CEO Choi Gee-Sung and Apple CEO Tim Cook would consult again.
This is the second attempt to settle out of court. The two met in court-ordered discussions before trial, but could not agree.
Judge Koh said that Apple and Samsung had already proved to the world that there i was intellectual property in their devices," adding: "Mission accomplished."
"I see risk here for both sides," the judge said.
Despite the judge's warning, legal experts said a settlement now was unlikely.
Mark Lemley, a Stanford University professor, told the San Jose Mercury News that Apple and Samsung would more likely settle their worldwide legal struggle based on the outcome of the trial.
Brian Love, a Santa Clara University law professor who has been following the case said : "The parties have taken their best shots at one another and spent quite a lot of money doing so."
It was natural for both sides now to overestimate their odds of winning "and t wait and see whether their investment ... will now pay dividends."
Apple alleges Samsung has "slavishly copied" the iPhone and iPad and is seeking at least $2.5 billion in damages. Samsung denies copying and in turn has alleged Apple infringed some Samsung basic patents.
One Samsung witness ,tablet and smartphone designer Jin Soo Kim, told the jury that Samsung was developing its Galaxy tablet and smartphones before Apple released its iPhone and iPad.
Kim denied relying on Apple's iPhone to design smartphones, but said nothing about whether there was any copying of the iPad.