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Chronicles

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Apple, Samsung CEOs agree to mediation in U.S. patent fight: court filing

(Reuters) - Apple Inc and Samsung Electronics have agreed to attend a mediation session to be held on or before February 19, as they prepare to clash in court in March over smartphone patents.

Reuters Edwin Chan

Context & Ripple Effects

This is the second time the two CEOs have been pulled into court-brokered settlement talks. In spring 2012, Tim Cook and Samsung leadership agreed to meet after a ceos-and-chief-lawyers accord produced two days of San Francisco mediation, which ended without a deal and left the litigation to run its course through the jury verdicts that followed.

The new session, set on or before February 19, comes weeks before a March trial and was picked up by at least eight outlets including Fortune, Re/code and PC World — a measure of how closely each procedural step in this two-year fight is still tracked. The wide pickup reflects the stakes: this remains the flagship case of the smartphone patent wars.

First-order effects

  • Apple and Samsung's CEOs and top lawyers must now split their attention between preparing for the March trial and the February 19 mediation, adding a negotiation track to an already expensive litigation calendar.
  • Both companies face renewed outside pressure to settle: a judge-brokered session signals the court wants the dispute resolved at the table rather than through another round of jury rulings.

Second-order effects

  • If mediation fails again, both sides head into the March trial with no off-ramp, meaning continued legal spend and the risk of further injunctions or damages exposure against flagship devices.
  • Rival handset makers watching the case get a read on whether Apple will license its patents broadly or keep using them as a competitive weapon — the outcome shapes everyone else's cross-licensing leverage.

Third-order effects

  • A repeat of the 2012 pattern — court-ordered executive mediation followed by resumed litigation — would cement judicially brokered settlement sessions as a standard stage in major patent wars, regardless of whether they produce deals.
  • The longer arc points toward the smartphone industry treating design and utility patents less as litigation ammunition and more as bargaining chips in portfolio-wide cross-licenses, though whether these talks move that way is unresolved from here.

The trend: The smartphone patent wars are shifting from winner-take-all jury verdicts toward court-shepherded negotiation, with executive mediation now a recurring stage in the Apple–Samsung conflict.