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Patent dispute between Apple and Samsung remains ongoing

Apple Inc. and Samsung Electronics Co. failed to resolve their patent dispute concerning smartphone technology. If the two parties cannot come to terms, the dispute is set to be heard in California federal court on March 31.

Executives from both companies attempted to resolve the matter through mediation. This included follow-up telephone calls with the mediator being on the line. Nevertheless, the judge hearing this case reported that the settlement proposal of the mediator failed to resolve disagreements between the parties.

This is perceived as an effort by each party to dominate the smartphone market. The first infringement case began in 2012 in San Jose. And while court orders have often gone in favor of Apple, Samsung still appears to be doing well in the market. Samsung still made 28.8 percent of smartphone shipments across the globe for the last three months of 2013 while Apple's share of shipments was at 17.9 percent.

We will have to wait and see to find out what happens next. However, currently it does not appear that Samsung has much motivation to settle if Apple pursues an injunction or wants Samsung to remove phone features from the market.

Most patent and other trade secret disputes will not involve the kinds of dollars that we are seeing here. Still controlling who can and cannot sell a particular product can be vital regarding business profits. Almost any business dispute can be time-consuming and costly for a business. It's therefore best to contact experienced business and commercial litigation attorneys to make certain that these matters are handled correctly.

Source: Bloomberg, "Apple, Samsung Again Fail to Settle U.S. Patent Case," Joel Rosenblatt, Feb. 22, 2014

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