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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. bmwraw8482's Avatar
      bmwraw8482 -
      Is that a pic google has actually used on their homepage?

      Quote Originally Posted by bmwraw8482 View Post
      Is that a pic google has actually used on their homepage?
      Or not? It changed after I posted... I liked the other one! Lol
    1. fungusfeet's Avatar
      fungusfeet -
      The whole "jury of your peers" thing is flawed, most people are idiots.
    1. GmAz's Avatar
      GmAz -
      So they made up their mind on day one and what, didn't even bother to listen the rest? Maybe it was day one of deliberation that they and their families started receiving all the free Apple products from some anonymous person. Apple has copied more than everyone else. Remember job's old interview Steve Jobs: Good artists copy great artists steal - YouTube ? The original iPhone was just a newer version (copied) of the Palm Tungsten series. What about the Palm Treo, it was a PDA with a phone built in. Absolute copy of it but with modern hardware. I lost all respect for Apple ages ago. As a man, I feel bad for Jobs and his family for his early passing.
    1. Nest's Avatar
      Nest -
      Quote Originally Posted by GmAz View Post
      So they made up their mind on day one and what, didn't even bother to listen the rest? Maybe it was day one of deliberation that they and their families started receiving all the free Apple products from some anonymous person. Apple has copied more than everyone else. Remember job's old interview Steve Jobs: Good artists copy great artists steal - YouTube ? The original iPhone was just a newer version (copied) of the Palm Tungsten series. What about the Palm Treo, it was a PDA with a phone built in. Absolute copy of it but with modern hardware. I lost all respect for Apple ages ago. As a man, I feel bad for Jobs and his family for his early passing
      Did Apple kill your parents or something, Batman? Settle down.
    1. Serge96's Avatar
      Serge96 -
      Quote Originally Posted by nest View Post
      did apple kill your parents or something, batman? Settle down.
      pwned !
    1. mindblown's Avatar
      mindblown -
      haters are going to hate
      trolls are going to troll

      Quote Originally Posted by GmAz View Post
      "As a man, I feel bad for Jobs and his family for his early passing, but at the same time, good riddance."
      wow that is just harsh, that was uncalled for.
      what did the man ever do to you?
    1. thazsar's Avatar
      thazsar -
      Quote Originally Posted by Nest View Post
      Did Apple kill your parents or something, Batman? Settle down.
      +1 Hahahahaha! 😂

      This entire thread is just going to bring out the same angry people that have been posting their arguments two threads back....great😒
    1. ByteArt's Avatar
      ByteArt -
      Steve Jobs WAS capitalism. He made something out of nothing and if your cant respect that, move back to Russia Ivan
    1. justinpotter81's Avatar
      justinpotter81 -
      Hey GmAz!! Can you answer me this question; Why on earth do you come to this forum? Every comment you make is negative and insulting, deep down inside you must be proud of yourself in some sick way. Why don't you go verbally crap on another site.
    1. Senyaichiya's Avatar
      Senyaichiya -
      Quote Originally Posted by fungusfeet View Post
      The whole "jury of your peers" thing is flawed, most people are idiots.
      Someone is cynical.
      If most people are idiots then it is a jury of our peers.
    1. Checksum47's Avatar
      Checksum47 -
      Quote Originally Posted by ByteArt View Post
      Steve Jobs WAS capitalism. He made something out of nothing and if your cant respect that, move back to Russia Ivan
      Capitalism is what makes the USA the terrible country it is. There is no doing anything for anyone else without thought of compensation. It is the exact opposite of Jesus's message. It is what will ultimately result in its downfall...
    1. PokemonDesigner's Avatar
      PokemonDesigner -
      Quote Originally Posted by GmAz View Post
      So they made up their mind on day one and what, didn't even bother to listen the rest? Maybe it was day one of deliberation that they and their families started receiving all the free Apple products from some anonymous person. Apple has copied more than everyone else. Remember job's old interview Steve Jobs: Good artists copy great artists steal - YouTube ? The original iPhone was just a newer version (copied) of the Palm Tungsten series. What about the Palm Treo, it was a PDA with a phone built in. Absolute copy of it but with modern hardware. I lost all respect for Apple ages ago. As a man, I feel bad for Jobs and his family for his early passing.
      I feel exactly the same up until the good riddance part. But look at the notification center and the new way they use notifications from iOS 5 onward. It's all ripped off from android phones. These jurors must be all around retarded. Make up your mind on day 1 then forget about the rest. Good job. Samsung got bull out of a case they definitely should have won. And anyone who thinks differently are just Apple fanboys.
    1. mr117's Avatar
      mr117 -
      Wow, THIS thread is even crazier than the thread about the award outcome. We got commies, Jesus, capitalism, anti-capitalism, yay Jobs is dead, jurors are idiots/people are idiots, paying off jurors with Apple products (my personal favorite of all the insanity here), go live in Russia (do any of you nitwits have any idea what life was like here in the U.S. in the 1950s with Joe McCarthy and the Red Scare?) and on and on.

      I like to read these threads for information, not to have to slog through a sewer of mindless rubbish (sorry for the mixed metaphor) from people who think their opinions have some bearing on the topic when all they are doing is ranting like some drunken brain damaged talk radio host who lost his loofah.

      Please, stay on topic. Keep personal attacks to yourself. Make logical points, because no one cares about your opinion if it has no basis in some type of fact, especially if it makes you sound like a nutcase, a loser, a hater, or an imbecile. If you can't do that, stay away from the topic being discussed. Buy a can of spray paint, go find a wall, and spray your bilge there. Because it surely doesn't belong here.

      Thank you.
    1. daviedave's Avatar
      daviedave -
      Quote Originally Posted by Nest View Post
      Did Apple kill your parents or something, Batman? Settle down.

      haha hilarious

      Quote Originally Posted by mindblown View Post
      haters are going to hate
      trolls are going to troll



      wow that is just harsh, that was uncalled for.
      what did the man ever do to you?
      wow yes a bit OD

      I wish Apple would show their birth certificate, long form
    1. fungusfeet's Avatar
      fungusfeet -
      Quote Originally Posted by Senyaichiya View Post
      Someone is cynical.
      If most people are idiots then it is a jury of our peers.
      Which is exactly what I said, thanks for proving my point.
    1. Mrteacup's Avatar
      Mrteacup -
      ... personally im sick of saying the exact same things to you guys but apparently you arent sick of hating on apple on an apple forum..
    1. iDeadman's Avatar
      iDeadman -
      Quote Originally Posted by Nest View Post
      Did Apple kill your parents or something, Batman? Settle down.
      ^^^ best response ever
    1. thazsar's Avatar
      thazsar -
      Quote Originally Posted by Mrteacup View Post
      ... personally im sick of saying the exact same things to you guys but apparently you arent sick of hating on apple on an apple forum..
      (sarcasm font) Hey MMI, let's go to the xda-developers forums and start telling them how crappy their Android devices are! Come on...who's with me!

      Oh wait...that's right...I don't care if they're using Android...
    1. BhadKarma's Avatar
      BhadKarma -
      The forum shud start banning trolls and haters. It floods this forum and is killing it. Moderators.. Ban the punks. Oh and good riddance if it happens .
    1. ByteArt's Avatar
      ByteArt -
      Quote Originally Posted by Checksum47 View Post
      Capitalism is what makes the USA the terrible country it is. There is no doing anything for anyone else without thought of compensation. It is the exact opposite of Jesus's message. It is what will ultimately result in its downfall...
      Jesus's message is not and never was related to America, or american, despite what your local GOP office will tell you. The basic idea that you can come from nothing and become Steve Jobs is the american dream, and in its purest form, that is what humanity by nature strives towards. Without capitalism there is no Apple, there is no internet, and there is no innovation, and lack of capitalism is what lead to the downfall of Communism, which you seem so keen on. Ironically, Communism is secular, which makes everything youve said contradictory.

      A Jury of our peers is an essential part of common law, even if the jurors are idiots