Samsung has much to gain by cutting a deal, as the judge requested. Apple not so much.
FORTUNE — “It’s time for peace,” Judge Lucy Koh declared in federal court Wednesday, the ninth day of the jury trial in Apple’s AAPL high-stakes patent infringement suit against Samsung. “I see risk here for both sides if we go to a verdict.”
Christopher Carani, a partner at Chicago-based McAndrews, Held & Malloy and an authority on design law, respectfully disagrees.
The risks for Samsung are well known, he says: Injunctions, delays, the need to design around Apple’s patents, and the stigma of being known as a copyist — not to mention billions of dollars in damages.
Apple, on the other hand, has little to lose by waiting for the jury’s verdict. It’s already spent the lion’s share of the monstrous legal fees, and those who view the company as over-litigious are not likely to change their mind.
Besides, based on his reading of the transcripts, Carani believes the case is going Apple’s way.
On the iPad:
Judge Koh already tipped her hand on the iPad design infringement charge when she granted Apple a preliminary injunction against the Galaxy Tab. And the parade of “prior art” Samsung’s legal team trotted out Monday and Tuesday, according to Carani, is not likely to persuade a jury that Apple’s tablet design patent is invalid:
On the iPhone:
Samsung is not likely to fare much better in its defense against Apple’s three iPhone design patents, according to Carani. The Federal Circuit court has already ruled on what he says was Samsung’s best bet — the so-called JP’638 patent — declaring it insufficient to invalidate Apple’s patents. And the infamous F700 (and its related patent KR’895) have both been excluded because Samsung waited until after the court’s deadline had passed to introduce them into evidence.
Besides, Carani says, Apple hasn’t even begun to exhaust its smartphone patent arsenal: