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Friday, February 21, 2014, 09:45 pm PT (12:45 am ET)

Apple and Samsung fail to reach settlement agreement ahead of patent trial, still willing to talk

In a court document jointly filed to the District Court for the Northern District of California late Friday, Apple and Samsung reported mediation talks had failed, but noted both parties are willing to continue discussions ahead of a patent trial scheduled to begin at the end of March.

Galaxy Nexus


According to the filing, the parties sent high-level executives to a "full-day negotiation session" during the first week of February, but failed to reach an agreement over what will be the companies' second high-profile patent trial in California.

As reported in January, Apple and Samsung had agreed to settlement talks at the behest of presiding Judge Lucy Koh.

In attendance for Apple were CEO Tim Cook, SVP and General Counsel Bruce Sewell, VP and Chief Litigation Counsel Noreen Krall and VP and Chief IP Counsel BJ Watrous. Samsung sent CEO of IT and Mobile Communications JK Shin, Head of IP Dr. Seung-Ho Ahn, VP and Head of U.S. IP Ken Korea, Executive VP and CFO of Mobile Communications HK Park, SVP and Head of Licensing Injung Lee and VP and Head of Licensing for Mobile Communications James Kwak.

The filing notes that representatives from both sides had spoken with a neutral mediator multiple times since the initial session in a bid to advance settlement efforts. Apple is reported to have held teleconference calls more than six times, while Samsung made similar efforts more than four times.

Apple and Samsung held identical last-minute settlement negotiations before the first Apple v. Samsung jury trial in 2012. The outcome was similar to that of the recent discussions.

While an amicable settlement could not be reached, the parties remain willing to continue talks through the mediator as a second two-way California patent trial approaches. Apple is asserting five patents against ten Samsung products, while the Korean tech giant is asserting four claims against ten Apple products. Proceedings are set to begin on Mar. 31.