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08-19-2012, 03:22 AM #1
The Jury is Likely to Decide the Outcome of Apple vs. Samsung Trial
Both Apple and Samsung showed no progress this weekend regarding claims against each other in the ongoing patent trial, making the possibility of a jury verdict all the more likely. In a joint filing, both tech giants said “the parties have met and conferred about case narrowing, but have not been able to narrow their cases further.” According to Bloomberg, this means that the case will likely go to jury deliberation barring any further development between the two tech heavyweights. This is despite being “pathologically optimistic” that a settlement could be reached, presiding Judge Lucy Koh this week said she hoped the parties would at least narrow their claims. Narrowed claims would ultimately make it easier for jurors to come to a decision.
In another filing on the same day, Judge Koh said the Court will be entering tentative jury instructions in installments as they are prepared, therefore giving both parties as much advance notice as possible. Both tech giants began maneuvering for favorable positioning as they filed some of the first ‘redlined” versions of the proposed documents before Judge Koh’s decision.
One of the main points jury will be using is a chart, which is going to be a reference to the Samsung products accused of infringing upon Apple’s patents. Apple argues its one-page chart is less confusing than Samsung’s six-page counterpart, which includes allegedly extraneous information like Android version numbers. Here, the South Korean company disputes that Apple’s chart “accurately represents the accused products.”
Judge Koh noted in an order that the Court was revising the procedure for objecting to disputed jury instructions. Both parties are still required to file “no more than 16 pages of their 8 high priority objections by 8:00 a.m. on Monday,” but are no longer allowed to file any further objections. On Monday, both Apple and Samsung counsels will need to wait for a hearing, at which time the charts, as well as a number of other disputes will be argued. Both parties also submitted the following proposed verdict forums, which offer a glimpse of what the jury may fill out when deciding the case if deliberations begin on Tuesday.
The case is definitely one of the most important patents cases in the history of the tech industry so we’ll have to wait and see what the jury decides as it will have an impact on matters going forward when it comes to technology.
Source: Bloomberg via AppleInsider
08-19-2012, 10:08 AM #2
Of course the jury will decide! We didn't need to write an article about it!! Also people are making this a bigger case then it really is! This won't stop anyone from making new devices that are better and faster. They can't use eachothers technology all that means is they will have to Create their own technology! No one can say that's a bad thing!
08-19-2012, 11:49 AM #3
I think one factor with the Jury that nobody seems to want to call into question is the "technological competency" factor. If you have an entire jury of techno-cavemen...then one slate will look like another slate, no matter what logo you have literally PAINTED all over it. If these are untrained eyes we are dealing with...things could really go either way. Worst case scenario...I bet half of these jury members have never used an iPad, and I bet the half that do use one, think the iPad is flash enabled.
To think that cave people are determining the future of consumer electronics is terrifying.
Personally, for me, the best outcome will be no sales bans on Samsung Products. I would like to see as many products on the shelves as possible.
Realistically, what may happen, is you may have a situation where Samsung may have to pay royalties for SOME of what they "stole" (Can't wrap enough quotes around that) and then you will have an appeal of the decision from Apple...and the process will start again...
In the end...the Lawyers win, not the consumer.
08-19-2012, 01:21 PM #4
08-19-2012, 09:13 PM #5
How about Apple and Samsung make robots, and then have them fight and have the winner determine the result.