Apple, Samsung Blame Each Other for Lack of Settlement

Apple and Samsung Electronics blamed each other for blocking progress toward a settlement of their patent disputes in a report to the judge who has presided over their two US trials.

While both companies vowed to continue pursuing an accord to end their three-year legal fight over smartphone technology, each said its adversary has taken positions that make out-of-court resolution more difficult, according to a filing in federal court in San Jose, California.

Reaching a settlement is “impossible” as long as Samsung refuses to agree that Apple’s participation in talks can’t be used in any proceedings over royalties or possible sales bans, Apple lawyer Mark Selwyn said in the filing with US District Judge Lucy Koh, who has repeatedly urged the companies to make peace.

Michael Fazio, a lawyer for Suwon, South Korea-based Samsung, said Quinn’s published comments don’t undermine Samsung’s willingness to discuss a settlement. While Samsung doesn’t have pre-conditions for the settlement process, it’s improper for Apple to insist that participation in negotiations can’t be cited in future court proceedings, Fazio said.

“Simply put, though both parties contend that they are committed to resolution, only Apple seeks to impose an obstacle to this resolution through a unilateral condition,” Fazio said in the filing.