애플과 삼성간의 세기의 특허전이 잠시나마 휴전의 양상을 보이고 있다. 애플 CEO 팀쿡의 발언에 대한 최근 미국 발 보도 때문이다. 로이터에 따르면, 팀쿡이 본인은 애초부터 삼성과 특허전쟁을 치를 생각이 없었다고 관계자들에게 밝혔다고 한다.

문제는 팀쿡 외에도 처음부터 소송에 반대했던 애플 임원들이 하나 둘 목소리를 높이고 있다는 점이다.

애플이 돈은 돈대로 잃고, 주요 공급처였던 삼성과의 관계만 나빠지고, 경쟁력까지 저하되는 등, 아무 소득 없는 싸움을 하고 있다는 판단에 이른 듯 하다고 업계 관계자이 전했다.

게다가 최근 1차 본안소송에서 미국의 루시 고 판사는, 여전히 삼성이 애플의 디자인을 침해한 점은 인정되지만, 의도적인 범행은 아니었다는 (not willfully) 판결을 내려 삼성에게 희망을 주고 있다. 삼성은 작년 8월에 디자인 침해로 애플에게 10.5억불을 배상하라는 판결을 미국에서 받은 바 있다. 현재 삼성은 배상액을 줄여달라고 요청한 상태다.

애플이 건립 이후 가장 어려운 시기를 겪고 있다는 점도 팀쿡이 특허전에서 전격적으로 발을 뺀다는 소문을 부추기고 있다. 주가는 최고치였던 9월 이후 30퍼센트 이상이 빠졌고, 헤지펀드 매니저이자 애플 주주인 데이비드 아인혼의 소송도 무시할 수는 없다.

아인혼은 지난 7일, 애플이 주주 동의 없이 우선주를 발행할 수 있도록 한 조항을 삭제하지 못하게 해달라“며 뉴욕 연방법원에 소송을 제기했다. 이유는 주주들의 보상 수단을 차단할 위험성 때문이라고 주장했다.

팀쿡은 “유치한 쇼”라고 일축하기는 했지만, 애플이 현금보유액을 풀어 주주들에게 나눠줘야 한다는 주장은 이전부터 있어왔다.

(코리아헤럴드 김지현 기자) 









<관련 영문 기사>


Apple show signs of softening on war with Samsung


By Kim Ji-hyun



The complicated high-profile patent war between Samsung and Apple, the world’s leading electronics makers, may have turned a corner, at least for the Korean company.

The most recent news on the issue is that Apple’s chief executive Tim Cook who succeeded the iconic Steve Jobs, had been opposed to suing Samsung in the first place, according to reports citing people with knowledge of the matter.

The main reason was because of the key role that Samsung plays as a main supplier of components for the iPhone and the iPad manufactured by Apple.

Analysts are currently estimating that Apple purchased some $8 billion worth of parts from Samsung, making the two inseparable partners in business. Since then, Apple has been seeking to diversify its suppliers.

Industry sources on Wednesday said the reports indicate that Cook may now want to depart from the lengthy suit with Samsung, and is seeking to mend fences.

“That we are hearing these reports is quite significant because of the timing, not to mention that the fact that the Apple CEO has mentioned he never wanted to start a battle with Samsung in the first place is also surprising,” said one source close to the matter who declined to be identified.

Timing, he stressed, is significant since the U.S. District Judge Lucy Koh who is in charge of the case and is preparing to issue another post-trial ruling, has recently ruled that Samsung had not “willfully” infringed Apple’s patents.

“Whether Samsung had an intent to copy Apple’s designs is likely to have a big impact on the final ruling, especially in terms of the damages that Samsung was ordered to pay to Apple,” said one legal source who wished to remain anonymous.

Samsung has asked Koh to reduce the award to Apple by as much as $600 million, down from the $1.05 billion handed down by a U.S. jury in August last year. This jury had found Samsung to have “willfully” infringed on Apple’s smartphone design.

Another reason Cook may be seriously considering a deal with its Korean rival is due to a slew of woes Apple is facing in the equity markets and with an activist shareholder.

Apple stocks last month tumbled more than 30 percent from its peak in September. The issues are now trading below $500.

While Apple was tanking out, Samsung became largely successful in its attempts to match or even overwhelm the U.S. company in the smartphone and tablet market,

On top of these troubles, Cook is now faced with a lawsuit which he may find as “silly” and “creative,” but is being plastered all over the internet nevertheless.

The suit involves none other than David Einhorn, a hedge fund manager, whose company Greenlight Capital filed a suit against Apple, demanding it to share more of its $137 million cash pile with investors.

This will not be the first time Apple has been in trouble with the public for failing to share its profits.

In March last year, Apple had -- on mounting pressure and criticism --announced a quarterly cash dividend and share buyback to pay out $45 billion to investors over a period of three years. At the time, Apple had been hoarding $98 billion in cash.

Apple’s logic is that it needs the cash for strategic flexibility that would be required for major strategic decisions, such as an acquisition.

Cook has so far said Apple has yet to find such a partner, despite having mulled over many a potential company to acquire.

Samsung, meanwhile, remains silent on whether it is ready to sit down with Apple to discuss a joint exit strategy, saying it sticks to its original statement, which was that it would never settle outside the court.

The upcoming ruling in the U.S. is likely to be another watershed moment for both companies, especially since Samsung is placing much emphasis on the legal outcome at the home of Apple.

The judge has so far shot down a new trial despite Samsung’s requests. (jemmie@heraldcorp.com)