Korean company files opposition to Apple’s new motion last Friday


Samsung Electronics vice chairman Choi Gee-sung said little when he returned from patent negotiations with Apple CEO Tim Cook late Friday.

“It’s difficult to discuss matters involving the patent dispute,” said Choi as he arrived at Gimpo International Airport at 11 p.m.

“I’ve been ordered to keep completely silent about the negotiations because it is part of the ongoing court case. I’ll notify the details if there are any changes made.”

Choi’s comments come after the two information technology giants sat at the negotiating table for 16 hours on May 21-22 in San Francisco.

The chiefs of Samsung and Apple were engaged in an alternative resolution effort mediated by U.S. Judge Joseph Spero. Meeting face-to-face for the first time, the magistrate judge settlement was suggested by another U.S. Judge, Lucy Koh presiding over the patent lawsuit between the two companies.

Industry sources say that it is most likely that the two sides have failed to narrow their differences as Samsung continues to hold on to its patent rights on 3G telecommunications technology, while Apple does the same with its gadget design.

Without an agreement in place, the two companies will go to the U.S. International Trade Commission to decide infringement cases filed by both parties, followed by another court case in San Jose in late July.

Samsung, in the meantime, has reportedly filed its opposition to Apple’s new motion for a U.S. preliminary injunction against the Galaxy Tab 10.1, said Munich-based intellectual property analyst Florian Mueller.

Stating that a preliminary injunction depends on four factors ― likelihood of success of a subsequent court case, likelihood of irreparable harm, balance of equities and public interest ― Apple has the upper hand on the first two factors, said Mueller.

“Samsung knows that it faces an uphill battle here,” he said. “Apple has won on two of the four factors … and Judge Koh’s decision to adopt Apple’s proposed schedule also bodes well for Apple.”

The situation may look rosier for Apple in the U.S. courts, but Samsung is not expected to easily back down on the California-based firm’s patent infringement claims.

Samsung mobile chief Shin Jong-kyun has repeatedly expressed his confidence in the patent fight with Apple, saying that the company would push ahead to win the battle.

He also refused to be labeled a “copycat” for its Galaxy-named wireless gadgets although he said the firm was considering various measures, including cross-licensing, during a meeting with reporters on his way to San Francisco with the vice chairman last week.

Samsung and Apple are involved in more than 30 patent battles in courts in nine different countries, including Germany, Australia, the U.K., the U.S., Japan, France, Italy, the Netherlands and Korea surrounding telecommunications technology, designs and user interfaces for their wireless gadgets.

By Cho Ji-hyun (sharon@heraldcorp.com)