Apple vs samsumg.

Natali Castaño Roa

International Negotiation

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This paper is going to talk about one of the most interesting cases between to great companies that originated among the largest companies manufacturing smart phones, Apple and Samsung for patent problems formats iPads iPhone tablets and phones.As the whole world saw for two days in late May 2012, Apple CEO Tim Cook and Samsung CEO Gee-Sung Choi met with a judge in the U.S. District Court of Northern California in an attempt to reach a settlement in a high-profile U.S. patent case, a sobering example of negotiation in business.

Back in April 2011, Apple had filed a lawsuit accusing Samsung of copying the “look and feel” of the iPhone when the Korean company created its Galaxy line of phones. (Michingan, 2015)

Samsung countersued Apple for not paying royalties for using its wireless transmission technology. Since then, the number of patents under dispute has skyrocketed, according to the Korea Times, as has the number of courts involved in various countries. The two companies have repeatedly accused each other of copying the appearance and functions of their smartphones and tablet devices.

Earlier in May, the companies showed some willingness to compromise in an effort to avoid going to court: at the California court’s suggestion, they cut the number of disputed patents in half. But even as the CEOs sat down at the table for their mediation, which was urged by the court, Apple filed a motion asking the presiding judge to bar the sale of Samsung’s Galaxy Tab 10.1 on the grounds that the tablet was designed to “mirror” Apple’s second-generation iPad.

Both sides had said they hoped to avoid a legal battle. Given that Samsung is one of Apple’s biggest suppliers, the companies had a strong incentive to move beyond their dispute and build on their ongoing partnership. Yet the two-day mediated talks between the CEOs in late May ended in impasse, with both sides refusing to back down from their arguments. The suit later went to trial twice, with Apple ultimately winning more than $409 million. (Patterson, 2012)

• Mediation: Alejandro Touriño

• Reconciliation: Preparation: Legal, WIPO arbitrator, both parties give information to árbrito.

Preparation and detailed information needed is provided by both parties to the mediator through a detailed report on the reasons and positions of each of the companies.

• Apple accuses Samsung of copying by 5 patents.

• Samsung: It defends providing internal documents to corroborate working with those patents before Apple will launch its products

Agreement: cross-licensing that is based on letting use patents of both companies between competitors.

Interests:

Apple: Calls for the cessation of sales of the following major products.

Samsung: He argues that their designs are original and technological equipment will not stop sales

Agreement: It was agreed to make a firm limit the use of patents and Samsung will have to pay the Minica fine of US $ 52 million.

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