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The mediation was seen as a last-ditch effort to find resolution before the a U.S. jury trial begins one week from Monday, but it seems the talks bore no fruit and are unlikely to result in an out-of-court settlement, reports Reuters.
Multiple sources with knowledge of the high-level discussion, which took place in the San Francisco area, said the parties couldn't agree on the value of each other's patents and are not expected to reach settlement before the jury trial begins next week.
Among the issues being argued in the California case are Apple design patents and standards essential patents from Samsung. According to the sources, Apple believes the deemed-essential patents should be valued lower due to fair and reasonable practice regulations. The source also claims Samsung feels it has a stronger portfolio of next-generation wireless technology, though it is unclear how these patents will factor into the trial.
Apple recently won a pair of injunctions against Samsung's Galaxy Tab and Galaxy Nexus smartphone in late June. The U.S. Court of Appeals for the Federal Circuit denied the South Korean electronics giant's two requests to stay the tablet sales ban but granted one for the handset in early July.
Judge Lucy Koh, who is presiding over the Apple v. Samsung case has been trying to whittle down the number of claims asserted by each party which was at one point so numerous the judge refused to subject such "cruel and unusual punishment to a jury."
Last Monday's discussion was the second unsuccessful attempt at mediation from the two parties, the first being a meeting between Cook and Samsung CEO Choi Gee-sung in May.