According to The Verge, recently released documents show that Apple tried to enter into negotiations with Samsung over patent infringement 4 times in 2010, before finally suing them.
Samsung must have felt that they had a pretty strong case, but it seems they were wrong.
They are relying heavily on FRAND patent litigation, which so far, hasn’t worked in their favor. I believe they thought that they could get away with copying Apple because their FRAND portfolio is very strong, and that Apple would eventually settle for cross-licensing.
As Florian Mueller points out though:
So far, Samsung has not been able to prevail with any of its offensive claims against Apple anywhere on this planet. Today’s ruling is only the latest in a series of losses.
Samsung has succeeded in some cases, not relating to FRAND patents, but they are relatively minor victories. I wonder when they will need to change their strategy?