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Apple and Samsung raise objections to each side's jury instructions

Posted: , by Alan F.

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Apple and Samsung raise objections to each side's jury instructions
Late Friday, Samsung and Apple filed a 361 page document with the district court that will be hearing their patent trial. The trial is scheduled to begin July 30th with voire dire (which literally means 'to speak the truth' and is used as a way for the court to select the jury). In the document, both Samsung and Apple raised objections to the jury instructions that each side requests be read prior to deliberations. Each side has certain instructions that they want read to the jury at specific times. Most objections are based on the exact words that the judge will read to the jury, although Samsung has some complaints based on race.
"Languages other than English may be used during this trial. One such language will be Korean. The evidence to be considered by you is only that provided through the official court translators. Although some of you may know Korean, it is important that all jurors consider the same evidence. Therefore, you must accept the English translation. You must disregard any different meaning."-One of Apple's proposed jury instructions
Apple wants a disclaimer read when the first foreign witness testifies, that says that other languages like Korean will be spoken at the trial and that even if a juror knows Korean or any other language used, only the official English translation should be considered. Samsung, which is based in South Korea, says that this statement will only point out the ethnicity or a witness. Samsung's own instruction is similar to Apple's, but removes the use of "Korean" in the opening sentence.

Judge Lucy Koh

Judge Lucy Koh

Another point that both sides disagree on is the definition of certain patents. Samsung says a "'design patent’ protects the way an article looks, but not the way it functions.” On the other hand, Apple disputes this definition and says that the "instruction is misleading because design patents protect articles of manufacture that have or serve a function, so long as the overall design of the article is not 'dictated by function'."

It is up to Judge Lucy Koh to make a decision about the jury instructions. She could ask both sides to narrow down their requests or she could wait for the pretrial conference. Both sides might have to make their objections and changes on the fly as the trial proceeds. Whatever the judge decides this is just another indication of the wide gulf between Samsung and Apple. You can check out the filing of the disputed jury instructions below.

source: AppleInsider

13 Comments
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posted on 15 Jul 2012, 22:23 5

1. jroc74 (Posts: 4758; Member since: 30 Dec 2010)


I dont think Apple and Samsung's relationship will recover from all thats been going on.

I know the old saying "money talks and BS walks"....but I dont know in this case...

posted on 15 Jul 2012, 22:59 5

2. plgladio (Posts: 311; Member since: 05 Dec 2011)


Again Koh?

posted on 15 Jul 2012, 23:03 1

3. checkmymike (Posts: 81; Member since: 28 Dec 2011)


Isn't koh korean? She looks like one....

posted on 15 Jul 2012, 23:15 4

4. Hammerfest (Posts: 369; Member since: 12 May 2012)


I really cant stand Apple... going from the dont be evil (I remember seeing the old Apple TV advert, only now its reversted) to stealing (what patenting prior art boils down to) others idea's, and pure bulls**t by suing competition specifcily for bans instead of deal's....

I hope Apple burns... or rots...

posted on 15 Jul 2012, 23:27 4

5. AndroidShiz (Posts: 145; Member since: 08 Nov 2011)


Apple. Bad since the beginning of time.

posted on 15 Jul 2012, 23:38 7

6. AndroidShiz (Posts: 145; Member since: 08 Nov 2011)


They really should use a neutral race. I know for a fact that often blacks in high positions will be harder on other blacks if they are the boss or in management positions. (I'm black and have seen it a dozen times and have even heard them confess this when later apologizing to another black person and explain to them why they did what they did, even if the other race was completely in the wrong) because they know that other races expect them to give their own blacks favors, so they do the opposite. This happens alllll the time. I bet Koh makes stupid decisions because she's afraid that if she shows any common sense towards Samsung, the Apple empire will say: "Well of course she disagrees with us, she's Asian" So her decisions I can almost guarantee will mostly always be in Apples favor for stupid patents that shouldn't have even been granted in the first place, and whenever it's in Samsung's favor, it will probably come with attachments so as not to seem overly favorable. This is just a theory, but I can't think the thought hasn't crossed her mind. It would be nearly impossible for it not to.

posted on 16 Jul 2012, 00:55 1

7. piyath (Posts: 150; Member since: 23 Mar 2012)


I think some of apple's patents have got more sophisticated only by their names. Anyhow they have got the chance to name their patents as they do cover a whole range of technology. If the court understands THAT Samsung will have a chance.

As we don't really know the specific contents in those patents and who own them for real, we are consumers do expect a fair, nice, clean and a clear judgement by US courts.
I look forward to a very understandable judgement. Consumers of those respected companies have that right to be convinced properly about what there desired companies are doing..

If this ruling goes unreasonably or/and unfairly into wrong side serious consequences will occur. Neither Apple nor Samsung should try to ban each others products. Instead they should work it on in some other way. Because customers should have various choices in the market. An a fair competition also must be their for the flawless inventions of the technology.

Personally I do admire Samsung as a reputable tech giant and an excellent manufacturer. I hope Samsung will have a fair and equal trial session and a great outcome inside US courts.

posted on 16 Jul 2012, 01:29 3

8. B3BLW29 (Posts: 237; Member since: 02 Mar 2012)


This trash talk is really embarrassing... Apple grow up

posted on 16 Jul 2012, 03:09 1

9. Mube1 (Posts: 153; Member since: 22 Sep 2011)


But at the end apple could not stop samsung's acheivements:-)

posted on 16 Jul 2012, 05:14 1

10. pkiran1996 (Posts: 165; Member since: 22 Oct 2011)


Not too sure about Judge Koh...

posted on 16 Jul 2012, 06:01

11. prototype (Posts: 23; Member since: 06 Jul 2012)


Koh is a Chinese sir name

posted on 16 Jul 2012, 07:45 2

12. som (Posts: 768; Member since: 10 Nov 2009)


Judge Koh must be resign if she is accepted money gift from Apple.

posted on 16 Jul 2012, 13:56

13. pkiran1996 (Posts: 165; Member since: 22 Oct 2011)


Wouldn't be surprised if Apple have paid her. She was so desperate to get the Galaxy Nexus banned...

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