Apple and Samsung on Cusp of Mediated Resolution in U.S.

It appears that the long ongoing battle between the two technology companies, Apple and Samsung, may be reaching a mediated end.

This technology war, which has seen battles in relation to various patent infringement claims by both parties, has been fought in 8 different national jurisdictions since 2011. Now, in the United States, it would appear that both parties indicated a willingness to enter into another round of alternative dispute resolution (ADR).

In a joint case management conference statement filed on 11 September 2015, Apple said that: "The remaining issues to be tried to a jury are limited to the amount of damages that Samsung owes for its sales of five infringing products. Thus, as an alternative to a fourth trial, Apple would be willing to participate in binding, final, and non-appealable arbitration to calculate the final amounts owed to Apple for those five products, provided that such arbitration take place on a schedule that would conclude no later than December 31, 2015…To the extent supplemental damages are not resolved by motion, Apple would be prepared to include those issues in the arbitration. Multiple prior efforts at private mediation have been unsuccessful. However in advance of and in addition to arbitration, Apple would also be willing to mediate again with Magistrate Judge Spero as ordered earlier in the case. If Samsung is unwilling to agree to this procedure, Apple requests that the Court schedule a trial for March pursuant to Apple's proposal above"

In kind, Samsung Electronics own statement said: "Samsung is willing to engage in a mediation with the private mediator previously used by the parties or another mutually agreed upon private mediator. While Samsung suggests a mediation before a private mediator to avoid burdening the Court, Samsung is also willing to mediate with Magistrate Judge Spero. Samsung proposes that the mediation be completed by November 15, 2015."

Whilst both parties propose different means by which to resolve this ongoing dispute, the common ground between the two is the involvement of U.S. Magistrate Judge Joseph C. Spero.

Should mediation be the path followed, it would provide both parties with the ability to address all outstanding matters between the two parties, to wither solve them, or at least, limit the scope of matters to be heard at a final trial.