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  • Jury Decided Samsung Violated Apple Patents After the First Day of Deliberation


    A few of jurors in the Apple v. Samsung case have started granting interviews, and insight into the Jury’s deliberation process.

    Perhaps most alarming is the fact the jurors claimed they knew Samsung was guilty after the first day of deliberations. Jury foreman Velvin Hogan and juror Manuel Ilagan in a CNET interview claimed it was “clear there was infringement.”

    "Well, there were several. The e-mails that went back and forth from Samsung execs about the Apple features that they should incorporate into their devices was pretty damning to me. And also, on the last day, they showed the pictures of the phones that Samsung made before the iPhone came out and ones that they made after the iPhone came out. Some of the Samsung executives they presented on video [testimony] from Korea -- I thought they were dodging the questions. They didn't answer one of them. They didn't help their cause." — Ilegan
    Judge Lucy Koh’s worries that the jury would be overwhelmed appear to have some merit depending on who you ask. If you ask the jurors the worries seem to have been unfounded as both Ilegan and Hogan claimed the decision wasn’t rushed and extremely deliberate despite the short 22 hours it took to reach a verdict.

    “We weren't impatient. We wanted to do the right thing, and not skip any evidence. I think we were thorough. We found for Apple because of the evidence they presented. It was clear there was infringement...

    Once you determine that Samsung violated the patents, it's easy to just go down those different [Samsung] products, because it was all the same. Like the trade dress -- once you determine Samsung violated the trade dress, the flat screen with the Bezel...then you go down the products to see if it had a bezel. But we took our time. We didn't rush.” — Ilegan
    The jury decided that Apple’s damage request was far too high, but they still wanted to send a message.

    "We didn't want to give carte blanche to a company, by any name, to infringe someone else's intellectual property.” — Hogan.

    However, Samsung's lawyers and a number of legal experts across the Internet have started raising questions about the Jury's deliberation process, and the actions of Jury foreman Hogan, who himself is a patent owner of what is basically a glorified DVR or Home Theater PC. Hogan's "expertise" prevented the rest of the jurors from going over a 100+ page instructional document on how to evaluate and determine compensation. From the juror's comments it appears that during deliberation the jury decided if a company violated the other's patent(s) before determining if the patent itself was valid, thereby negating the need to determine if it was violated or not.

    Most concerning though is Hogans comments that the jury wanted to "send a message." His comments imply the jury awarded punitive damages instead of compensatory. These oversights/errors could give Samsung's lawyers ammo during appeals and actually result in a successful motion to have the jury's ruling thrown out.

    Source: Macrumors, AppleInsider, GrokLaw
    This article was originally published in forum thread: Jury Decided Samsung Violated Apple Patents After the First Day of Deliberation started by Phillip Swanson View original post
    Comments 43 Comments
    1. Agent929's Avatar
      Agent929 -
      Idk guys...to me Samsung obviously stole things. I would be highly pissed if somebody stole one of my programs or functions and then starts selling it. Another thing to think about is its not like John keeps sewing Mary. It's business, and business does what it takes to be on the top. Your basically looking at a thing sewing another thing, not a person sewing another person. I'm not trying to offend anybody (because its very tense in here) but this something that is a very common occurrence in the business world. The media (to include MMi) blow it out of proportion with Apple products.

      To all the people that say Apple products are crap.. I didn't realize you made a better device. Please let me buy on because I thought Apple was on top. Also proven to be on top by customer demand, network statistics, and other financial figures. It may not be your preference but I can assure you that more people prefer an Apple product more than any other particular smartphone. And you can't use android in general. You have to use a manufacturer like Samsung or whatever. iOS is only found on one manufacturers device, perhaps if it was on a cheaper device it would sell more than the entire android market (given that it already doesn't, I honestly don't know).

      I just wanna add that I'm not biased of any products or systems.
    1. scorpluto's Avatar
      scorpluto -
      If Samsung knew that they will obviously lose this case then what's the use of this? Advertisement! Bad or Good advertisement is still an advertisement! Business!
    1. mr117's Avatar
      mr117 -
      Quote Originally Posted by r17019 View Post
      I just wish the guys who come up with the tweaks for jailbroken devices would (if they could, I am unsure as to how exactly the system works) patent the things (tweaks etc.) that make the iPhone/ iPad so good to use that always seem to find their way into future iOS updates so at least they could get the credit for the innovation and ideas that apple is always claiming as their own.
      Now THAT I agree with. Although Apple could always implement the same action in a different way, so the jailbreaker's would be SOL. Many of the things I love on my iPhone are Cydia tweaks that make the iPhone perform in a better or a customized manner. Things like Volume Step and Dash and Folder Enhancer and Activator and...