The patents issue between Apple and Samsung continues to simmer with both the companies saying they weren’t able to narrow the scope of claims at issue in the suit in out-of-court talks.

According to Bloomberg, they had been asked by the judge overseeing the case in federal court in San Jose, California to try to simplify the dispute, while also ordering the chief executives of the two companies to talk one more time before a jury begins deliberating.

 “The parties have met and conferred about case narrowing, but have not been able to narrow their cases further,” according to a joint filing signed by attorneys on both sides. The filing didn’t refer to talks between the CEOs, Tim Cook at Apple and his counterpart at Samsung, Kwon Oh Hyun.

Both South Korea-based Samsung and California-based Apple, also declined to comment.Apple sued Samsung in April 2011, accusing it of copying patented designs for mobile devices, and Samsung countersued. The case is the first to go before a federal jury in a battle for dominance in a smartphone market valued by Bloomberg Industries at $219.1 billion.

The case is Apple vs Samsung Electronics, 11- cv-01846, US District Court, Northern District of California (San Jose).