In law, there are no winners and losers. There are simply
verdicts, appeals and mistrials.
) and Samsung are learning this the hard way. The Cupertino,
California-based tech giant thought that it had made a
significant step forward when it
won a $1 billion verdict
in its first domestic patent dispute with Samsung. But in
addition to filing an appeal, Apple's South Korean rival did
everything in its power to score a mistrial. After uncovering a
few hidden details
about the jury foreman, Samsung might have actually
If a mistrial occurs, Apple's verdict goes out the window. The
two corporations will then be forced to start the hectic process
all over again. Apple could simply walk away and save itself
millions of dollars in additional legal fees. But things are not
Apple has sued Samsung in multiple nations all over the world.
Samsung responded to these lawsuits by countersuing Apple. The
South Korean manufacturer wasted no time in announcing that the
iPhone 5 infringes on some of its patents. In a statement to
, Samsung said that it has "always preferred to compete in the
marketplace with our innovative products, rather than in
courtrooms. However, Apple continues to take aggressive legal
measures that will limit market competition."
Even if Apple wanted to walk away, it no longer can. The
lawsuits have grown so great, and the claims have become so
complicated and intertwined that it is hard to imagine a time at
which either firm will be free.
To be fair, Apple started this mess by attempting to
sue the competition out of business
. But that doesn't matter anymore. For better or worse, Apple and
Samsung are in this for the long haul.
This is why a mistrial
occur. By forcing Apple and Samsung to continually fight the same
battle, it will be a financial wakeup call to both parties. After
all -- Samsung will not simply give up if it loses again. Apple
is unlikely to do the same. Consequently, the battle will
And if this battle lasts long enough, one of the two firms
will reluctantly suggest a settlement. It could be a
cross-licensing deal that will
prevent money from changing hands
. Whatever it is, it will mean that this battle will finally be
Best of all, this could have a ripple effect. Apple and
Samsung will not agree to a cross-licensing deal that only
applies to one nation.
Thus, if an agreement is reached in America, it could prevent
future disputes from occurring locally
abroad. This would be best for both firms as well as consumers.
It would save Apple and Samsung an
immeasurable amount of money
and allow the two tech giants to refocus their attention on
building better products.
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