Apple is requiring that any patent settlement negotiations with Samsung include a provision that blocks the South Korean tech giant from cloning its designs, a provision that was also key to the deal that Apple forged with HTC in November 2012. For those of you who didn’t remember both Apple and Samsung are gearing up for a second US patent lawsuit that is set to begin March 31. Both the tech giants were requested by the court to at least attempt to reach a settlement before that date.
According to Florian Mueller of FOSS Patents, a primary barrier to reaching the deal may be the Cupertino California company’s stipulation that it include an anti-cloning provision. Mueller wrote the following regarding the matter:
Samsung may hate the notion of an anti-cloning provision; it's definitely at odds with the strategy that enabled Samsung to become the global market leader in smartphones.
Samsung incorrectly claims that Apple made recent offers to Samsung without anti-cloning provisions. Every offer Apple made to Samsung has included limits to both the scope of any license and a prohibition against cloning Apple products.
We’ll have to see what happens going forward as Apple hopes to push its case for a sales ban of Samsung’s products found to infringe its iPhone patents last winter and expand injunction based on a second volley of patents it is defending in this year’s trials.
Source: FOSS Patents via AppleInsider