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
New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments
New Jersey residential developers with affordable housing obligations should carefully review their existing approvals, development agreements, and proposed deed restrictions in light of the State’s revised UHAC regulations (Uniform Housing Affordability Controls). The regulations, which took effect on November 6, 2025, significantly change the administration and physical requirements for affordable housing units. For developers with […]
Author: Wendy Rubinstein Quiroga
“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy
A “no comment” response is sometimes the right call when a legal problem arises. As a blanket policy, however, it lets allegations go unanswered, deadlines pass, evidence disappear, and manageable disputes grow into expensive litigation. The businesses that fare best are usually the ones that say little publicly while acting decisively behind the scenes. When […]
Author: Sean M. Pena
Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders
Utility-scale battery energy storage systems (BESS) are becoming an increasingly important component of the electric grid throughout New Jersey, New York, and Pennsylvania. As renewable generation expands, electricity demand increases and grid operators seek greater flexibility, battery storage can help balance supply and demand while providing additional capacity and reliability. For developers, battery storage presents […]
Author: Nicholas Wall
Navigating Disputes: Hire a Partnership Dispute Lawyer
A falling out between partners can be disastrous for any business. In many cases, the partnership will not survive. If you are in an unworkable situation with your partners, it may be time to consult a partnership dispute lawyer experienced in handling partnership breakups and dissolutions before the situation deteriorates any further. It is easy […]
Author: Jay McDaniel
Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know
When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]
Author: John D. Giampolo
Zoning Laws Explained: What You Need to Know Before Buying Property
Before buying property, it is critical to determine whether local zoning laws may affect your plans. If you plan to redevelop the property, you will want to confirm that local zoning regulations permit development as intended. If acquiring property that is already developed, you must verify that the use is permitted in the underlying zoning […]
Author: Wendy Rubinstein Quiroga
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.