Apple and Samsung are set to revisit their landmark case, only this time it’s to settle things. We now learn, via Foss Patents, that Samsung may take issue with a provision that Apple has asked for previously. If true, it may mean Samsung would go down swinging.

 According to Florian Mueller of Foss Patents, Apple will ask for an anti-cloning provision in the settlement talks. As you probably know, the entire legal dust-up between the two companies had to do with Apple’s insistence that Samsung copied their devices purposefully. An anti-cloning provision would prevent that from happening again, lest Samsung face more trouble — probably deeper than they’ve already experienced.

We’ll point out that we can’t find actual mention of any anti-cloning provision, only second-hand talk of it. We expect that any talks between Samsung and Apple would be closed-door, so we can’t say we’ll hear details as we would in a court case, but it’s a tricky thing, this anti-cloning provision.

On one hand, there seems to be a similar provision in place with Apple’s HTC deal. We also think it’s likely that an agreement of that magnitude is likely to be hammered out, even if not the same as HTC’s. Samsung and Appel are a different beast altogether, and the legal vitriol has gone on for some time. It’s possible that Samsung will simply strong-arm Apple in these meetings.


Nothing is official, so we’ll wait for official news before pondering what could be for Apple and Samsung. Right now, it’s just what’s possible — and likely. Even in Mueller’s filing, there is conflicting info as to whether the anti-cloning discussion has taken place. Chief IP counsel for Apple, BJ Watrous, says the anti-cloning talks took place, which he noted in a deposition.

He went on to say that counsel for Samsung, Kenneth Korea, was wrong to say there was no talk of anti-cloning discussions. Even heading into the talks, nobody can say which previous talks have occurred. Looks like it’s gonna get messy again.