Linked by Thom Holwerda on Sat 25th Aug 2012 18:38 UTC
Legal Well, that didn't take long. Groklaw notes several interesting inconsistencies and other issues with the jury verdict. "If it would take a lawyer three days to make sure he understood the terms in the form, how did the jury not need the time to do the same? There were 700 questions, remember, and one thing is plain, that the jury didn't take the time to avoid inconsistencies, one of which resulted in the jury casually throwing numbers around, like $2 million dollars for a nonfringement. Come on. This is farce." My favourite inconsistency: a Samsung phone with a keyboard, four buttons, and a large Samsung logo on top infringes the iPhone design patent. And yet, we were told (in the comments, on other sites) that the Samsung f700 was not prior art... Because it had a keyboard. I smell fish.
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judge and jury problems
by TechGeek on Sun 26th Aug 2012 19:37 UTC
TechGeek
Member since:
2006-01-14

This case is full of fail. First, the judge tells Samsung that if they don't like something Apple is doing (dont remember the specific thing) that they are free to file a motion. The very next day, Samsung presents the motion and the judge refuses it. Nice.

Then we have the foreman of the jury admit that they didnt read the instructions prior to coming to a verdict. Finally we have the $1Billion award. The jury says that this was to punish Samsung. Problem is that, as listed is the ignored instructions, the award can not be punitive. It is only meant to make Apple whole. And I think anyone would have a hard time arguing that Apple would have sold more iPads if not for Samsung. I think the people who were going to buy an iPad did, everyone else was never going to.

I expect the verdict to be overturned or appealed. There is clearly enough reason to do so.

Reply Score: 7

RE: judge and jury problems
by bitwelder on Mon 27th Aug 2012 07:15 in reply to "judge and jury problems"
bitwelder Member since:
2010-04-27

By the way:
- do the jurors only need to fill their 'questionnaire' Yes / No / Fine amount or are they required also to later release an official motivation for their verdict?

- If the jurors have effectively ignored the instructions, are they potentially liable for something like 'contempt of court' ?

Reply Parent Score: 2