Apple Inc. (AAPL) may ask Samsung for anti-cloning provisions as part of settlement

Posted Jan 21, 2014

Apple Inc. (NASDAQ:AAPL) is looking to settle their beef with Samsung out of the court system. However, Apple filed a court document that says Samsung would have to agree to an anti-cloning provision. Unfortunately, using a design that is similar to the iPhone is what brought Apple and Samsung into court in the first place so this will be a real challenge.

Apple’s chief intellectual property counsel B.J. Watrous wrote in a court filing late last week that “discussions with Samsung have consistently included limits to both the scope of any license and a prohibition against cloning Apple products.” This would prohibit Samsung products from copying Apple’s handsets.

The filing was discovered by Florian Mueller of the FOSS Patents blog. Apple also accused Samsung of trying to stall the resolution of its request for a permanent injunction related to Apple’s 2012 patent trial win.

“Samsung persists in its strategy of delay-seeking 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,” said Apple in the filing.

The two companies will work with a mediator in order to try and resolve ongoing patent disputes. The mediation is expected to happen on February 19th. Previous attempts at mediation have been futile.