NEGOTIATION PREPARATION FORM (Page 1) Name Case Apple vs Samsung patent rights
CREATING & DISTRIBUTING VALUE
My (My Their Our Their Value-
Client’s) Interest Resour Resour Creating
Interest s ces & ces & Options
s Capabi Capabil
List your lities ities Considering
List Your prelimina the
Interests ry What What interests,
thoughts could might resources,
about you they and
their bring to bring to capabilities
interests the the table of both
table to to trade? sides, ID
trade? some
possible
value-
creating
trades
Back in Samsun Our Based Some of
April g client their the value
2011, counters sought argume creating
our ued to nt on trades is to
client Apple
throug the fact come up
(Apple for not
inc.) paying h filing that our with
had filed royalties a client partnershi
a lawsuit for using motion had not p that
accusin its its been would seal
g wireless intenti remittin the loop
Samsun transmis on to g holes and
g of sion bar the royaltie avoid legal
copying technolo sale of s for battles.
the “look gy
Samsu using its They
and feel”
of the ng’s wireless should
iPhone galaxy transmi seek to
when Avoid tab on ssion drop all
the legal the technol the
Korean battles ground ogy litigations
compan
y created its Galaxy line of instead seek mediation talks s that the tablet main against each other
phones motive was to mirror
Apple had stopped
Our interest is that Compel apple to make Copyright of look and remitting royalties
Samsung be barred from
royalties payments for using feel Samsung had copied payments to the Samsung.
sale of the Samsung Galaxy
tab the wireless transmission from the Apple
technology
Compensation of USD 2
billion for copy rights
Avoid legal battle and seek
mediation talks
NEGOTIATION PREPARATION FORM (Page 2)
Creating & Distributing Value (continued) Empathy & Assertiveness Principals & Agents
My Alternatives/ Their Alternatives Info to Learn & Info to Share Principal-Agent Issues on Principal-Agent Issues on
Reservation Value What they can do to meet Questions to Ask of Them with Them & How my side their side
What you can do to meet their interests if they walk to Show Empathy (diff incentives & info) (diff incentives & info)
your interests if you walk away
away (circle their BATNA) The principal must The principal want to
(circle your BATNA) Apple had failed to honor What attributed to the disclose all relevant facts resolve the case outside
royalties’ payments to the company to infringement about the deals between the court
Samsung should pay for Apple should drop the samsung. on the patent copy rights the two companies The agent want the cases
patent rights infringement charges against our client Why did the Apple not belonging to the Apple? The agent want to have resolved in court
and should also stop Samsung for continued honor the obligation? the case resolved without premises
selling the Samsung failure to make payments involving court
Galaxy Tablet. on time. The principal needs
guarantee payment
would be remitted
Managing Relationship/
What Are You Working On?
How will you manage differences that arise?
How will you manage your negotiating style tendencies?
What skills/approaches are you working on based on
previous feedback?
I would evaluate at the grievances between the two
parties and try to bring them to the same level.
I would ask them to drop the hardliners and see their
case from different angle because the damage had
already taken place.
Objective Criteria/Standards to Consider Negotiating Process I would manage my negotiation skills through not taking
sides on each party.
The objectives is to ensure that the parties solve Process to propose? Time for exploring interests &
the disputes amicably and find a solution. value-creating opportunities? Efficient distribution?
Some of the skills I learned from the previous feedback
Another standards to consider is the possibilities of include; being self-driven and neutral, knowledgeable,
mergers and acquisition or partnership to end the The negotiations collapsed with the only option going to
excellent communication skills and knowledgeable.
the court. The two companies did not agree on major
stalement as the two giant companies depend on
issues hence prompting the legal battle.
each services. The CEOs of both companies met with the need to put
the differences between the two companies
https://www.pon.harvard.edu/daily/business-negotiations/apple-v-Samsung-an-example-of-negotiation-in-business-gone-bad/
