Apple has been adamant in the past that it will never settle with Samsung or any other company that infringed upon its technology, and it will do whatever it can, even launch a thermonuclear war against Google, but that was when Steve Jobs was still alive When Tim Cook took the lead he was seen as more of a softy, especially when Apple struck a deal with HTC to drop all patent lawsuits against each other.
The two companies are set to go head-to-head in court once again in March, but that may not happen if the two finally reach an agreement. According to reports, the two tech giants are engaged in settlement negotiations, with all of Apple’s offers include a no-cloning clause.
Apple’s “discussions with Samsung have consistently included limits to both the scope of any license and a prohibition against cloning Apple products,” B.J. Watrous, Apple’s chief intellectual property counsel, said.
What this provision means is that if Samsung agrees to it, Apple can still sue the company if it sees that the South Korean giant released products that remotely resemble its own.
Samsung is opposed to this notion though, claiming that previous settlements do not include the said provision. Apple was quick to clear that up stating that all its settlement offers have always included an anti-cloning cause.
“Samsung incorrectly claims [in its opposition to Apple's motion] that Apple made recent offers to Samsung without anti-cloning provisions. Every offer Apple made to Samsung has included limits to both the scope of any license and a prohibition against cloning Apple products,” Apple lawyers said.
Apple also mentioned in its filing that Samsung has been using a strategy intended to delay the process “to extend the briefing schedule for Apple’s renewed motion, belatedly moving for discovery relating to Apple’s negotiations with Samsung, requesting an evidentiary hearing even though the record is already fully developed, and asking the Court to stay enforcement of any injunction with respect to the ’915 patent.”
A mediation is scheduled for February 19, 2014 wherein CEOs of both companies, accomapanied by their lawyers, will attempt to resolve some of their patent issues.