An out-of-court settlement in the billion-dollar patent infringement court case between Apple and Samsung always seemed unlikely, despite the presiding judge, Lucy Koh, telling the two tech giants last week to talk at least once to try to reach some kind of agreement.

On Monday, it was confirmed in the San Jose courtroom that the two sides had indeed been in contact in the last few days. However, no progress was made.

“The CEOs did speak….There was no resolution,” Samsung attorney Kevin Johnson told Judge Koh.

This means that, as expected, the nine-person jury will get to deliver a verdict on the case. With closing arguments set for Tuesday, the jury should begin their deliberations on Wednesday.

In the patent trial, Apple accuses Samsung of copying elements of its iPhone and iPad devices in the design of a number of its own smartphones and tablets, including Samsung’s Galaxy range of mobile devices. The Cupertino company is pressing for a sales ban on these products, and is also fighting for monetary damages.

Samsung, meanwhile, accuses Apple of infringing a number of its patents, including some linked to the way smartphones deal with email attachments, photos and the playing of music files.

On Wednesday last week, Judge Koh, in a last ditch attempt to resolve the case without it going to the jury, told both sides, “It’s time for peace,” urging them to meet outside the courtroom to try to find a resolution to the dispute.

But the chances of success were always slim. Apple boss Tim Cook and his Samsung counterpart, Choi Gee-sung, had already met once before, prior to the start of the trial. That meeting, in April, also came to nothing.

[via The Verge]