Robert E. Levy
Partner
201-896-7163 rlevy@sh-law.comFirm Insights
Is Mediation the Solution to Epic IP Battle between Apple and Samsung?
Author: Robert E. Levy
Date: February 3, 2014
Key Contacts
Back
After several rounds in the courtroom, Apple Inc. and Samsung Electronics Co. are turning to mediation to resolve their ongoing intellectual property (IP) dispute.
As we have previously discussed on the Scarinci Hollenbeck Business Law Blog, the two tech giants are among the most active in the so-called software patent wars. In 2012, a California jury concluded that Samsung infringed Apple’s patents for its iPhone and iPad devices and awarded a record $1.05 billion in damages. However, U.S. District Judge Lucy Koh later ruled that jurors had erred in calculating some of the damages. She ordered a retrial, which is currently scheduled for March.
In advance of the trial, Apple CEO Tim Cook and Samsung CEO Oh-Hyun Kwon have agreed to sit down with a mediator to address at least some of the issues in dispute. The mediation is the result of a court order requiring the two sides to hold settlement talks prior to trial.
In mediation, a neutral third party is called on to help negotiate the differences in the parties’ positions in order to lead to settlement of all or some of the issues in dispute. The job of the mediator is to help the parties find common ground rather than make any binding decision regarding the dispute.
Mediation offers several advantages over litigation. Like other alternative dispute mechanisms, it is less costly and time-consuming than going to trial. Mediation is also fairly informal and therefore allows the mediator to propose creative solutions. Unlike turning a case over to a jury, mediation also allows the parties to maintain control over the ultimate resolution and maintains the confidentiality of the proceedings.
While mediation is not binding upon the parties, statistics show that about 80 percent of claims mediated in the federal courts ultimately settle. However, in this case, it is unclear if bitter rivals Apple and Samsung will be able to break the deadlock in their high-profile dispute.
If you have any questions about this case or would like to discuss how mediation may benefit your intellectual property dispute, please contact me, Robert Levy, or the Scarinci Hollenbeck attorney with whom you work.
- Practices: Intellectual Property, Corporate Transactions & Business, Litigation, Commercial Litigation - Business Litigation Attorney
- Locations: Red Bank, NJ, New York City, Little Falls, NJ
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Related Posts
See all
Scarinci Hollenbeck Expands NYC Real Estate and Litigation Practices ADDING four litigators
NYC Real Estate and Litigation Attorney Ryan O. Miller and Team Join Scarinci Hollenbeck, LLC New York City, NY – August 13, 2025 – Scarinci Hollenbeck, LLC has strengthened its Real Estate and Litigation practices with the addition of four New York City-based attorneys. Ryan Miller, who joins as a partner, is well known for […]
Author: Scarinci Hollenbeck, LLC
What is Business Law and Why Is it Important?
Business law plays a critical role in nearly every aspect of running a successful enterprise, from negotiating a commercial lease to drafting employee policies to fulfilling corporate disclosure obligations. Understanding what is business law and your legal obligations can help your business run smoothly and build productive relationships with clients, business partners, regulators, and others. […]
Author: Dan Brecher
Corporate Transactions: Best Practices for Successful Deals
Corporate transactions can have significant implications for a corporation and its stakeholders. For deals to be successful, companies must act strategically to maximize value and minimize risk. It is also important to fully understand the legal and financial ramifications of corporate transactions, both in the near and long term. Understanding Corporate Transactions The term “corporate […]
Author: Dan Brecher
How to Conduct a Fair and Legal Employee Termination in 2025
Ongoing economic uncertainty is forcing many companies to make tough decisions, which includes lowering staff levels. The legal landscape on both the state and federal level also continues to evolve, especially with significant changes to the priorities of the Equal Employment Opportunity Commission (“EEOC”) under the Trump Administration. Terminating an employee is one of the […]
Author: Angela A. Turiano
Admin Dissolution for Annual Report: What You Need to Know
While filing annual reports may seem like a nuisance, failing to do so can have significant ramifications. These include fines, reputational harm, and interruption of your business operations. In basic terms, “admin dissolution for annual report” means that a company is dissolved by the government. This happens because it failed to submit its annual report […]
Author: Dan Brecher
What Is Antitrust Litigation Law?
Antitrust laws are designed to ensure that businesses compete fairly. There are three federal antitrust laws that businesses must navigate. These include the Sherman Act, the Federal Trade Commission Act, and the Clayton Act. States also have their own antitrust regimes. These may vary from federal regulations. Understanding antitrust litigation helps businesses navigate these complex […]
Author: Robert E. Levy
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.