Samsung and Apple's legal dance may be far from over, but the two clashing titans might soon come to terms outside the courts. However, this upcoming settlement might weigh heavily on Samsung as there is a good chance that Apple might want to include an anti-cloning provision.
Granted, it is that copying that landed Samsung in this situation in the first place. Aside from patent infringement, Apple has also accused its rival of copying its designs to intentionally confuse consumers and dilute Apple's identity. Samsung is hardly the most blatant offender nor is it the first that Apple has accused.
In late 2012, Apple and HTC closed a two-year long patent litigation by reaching a settlement. Thanks to Samsung requesting for access those details, we've become privy to one of the requirements that Apple has demanded from HTC. A provision was put in place that gives Apple some recourse if it determines that HTC has cloned one of its products.
That very same requirement might be asked of Samsung as well, and Apple might have reason to be more worried and demand such a provision compared to HTC. Samsung has been found guilty of infringing on some of Apple's patents. The two are set to go back to court in March over another set of patents. In the meantime, Apple is still seeking to have those infringing devices banned in the US even if they're no longer being sold in the market.
That said, Apple has yet to formally demand such a provision, though if it's part of the settlement, we may never know about it until later on. Apple has so far only indicated that any talk with Samsung has always involved a prohibition against cloning Apple products, contrary to what Samsung seems to be claiming. More details will probably surface soon as both companies' CEO's and lawyers attend a mediation session in February.
VIA: FOSS Patents