Here's what instructions Judge Koh gave to Apple v. Samsung jurors
The document is quite long, so we won't be publishing it here in its entirety, but will only show you some of the more interesting parts of it. The full thing can be accessed via the source link below.
Right off the bat, Judge Koh makes it clear for the jurors that shouldn't be influenced by any personal beliefs, preferences, opinions or sympathies. The decision of the jurors should be exclusively based on the evidence, which the two parties are going to present:
The jurors are also told not to communicate with anyone regarding the trial, as well as to stay away from information about the case when outside the court. This is required in order to guarantee a fair trial for the parties:
Note-taking also seems to be well-received inside the courtroom:
After these, and some other general guidelines, Lucy Koh informs the jury about the essence of patents and the exact patents at issue:
Then, she goes into a little bit more detail regarding the claims of both parties:
Samsung denies that it has infringed the claims and patents and argues that, in addition, the claims are invalid. Invalidity is a defense to infringement.
Samsung has also brought claims against Apple for patent infringement. Samsung seeks money damages from Apple for allegedly infringing the '941, '516, '711, '460, and '893 patents by making, importing, using, selling and/or offering for sale Apple's iPhone, iPad and iPod products that Samsung argues are covered by claims 10 and 15 of the '941 patent, claims 15 and 16 of the '516 patent, claim 9 of the '711 patent, claim 1 of the '460 patent, and claim 10 of the '893 patent. Samsung also contends that Apple's infringement has been willful.
Apple denies that it has infringed the claims asserted by Samsung and argues that the claims asserted by Samsung are invalid, and for the '516 and '941 patents, also unenforceable.
OK, people, we'll stop right here. We don't have a limit on the number of characters in a single post, but if we had one, we'd have surely reached it already. As we said, if you find it interesting, you can read the whole document by visiting the source link.
We now that the trial is still young, but... which side are you on?
2. cepcamba (Posts: 717; Member since: 27 Feb 2012)
Which side am I on?
I'm on the side of Justice of course, and in this case it's with Samsung.
28. JunitoNH (Posts: 967; Member since: 15 Feb 2012)
I can careless, who wins, but.........just look look at all Samsung phones prior to the iPhone. You can't say with a straight face, they didn't copy the disigns.
48. rusticguy (Posts: 2828; Member since: 11 Aug 2012)
My IMATE Jam (before Iphone came in market) looks so simialr to iPhone dewsign ... heck who copied (stole) from whom?
29. Mxyzptlk (Posts: 4064; Member since: 21 Apr 2012)
Theft of another's property isn't the side of justice.
30. SonyFTW2020 (Posts: 305; Member since: 03 May 2012)
hahahah wow that judge is really tryna use her authority for a one sided case in favor of apple...
3. khmer (Posts: 93; Member since: 21 Jun 2012)
All jurors must do what Judge Koh wanted stay with Apple. She only mention the "Looks" not the "Feels" before the pre-trial. Samsung Galaxy S didn't "Looks and Feels" like iPhone. Apple didn't lost any profit by Galaxy phones. Apple made billions dollars in profit by used Samsung supplies and components. The crazy full scale Patent Wars is starting now. Samsung will loss by Judge Koh discriminated and blocked Samsung requested. Actually Apple copied iPhone and iPad from the "Star Trek".
4. dan_md (Posts: 66; Member since: 19 Oct 2010)
On the side of Samsung on most claims. The Samsung F700 launched before the iPhone is an evidence against Apple that clearly demonstrates the rectangular monolithic design has been employed by Samsung even before the iPhone was launched. In the past months, I have heard more legal complaints from Apple than innovations. Apple is threatened. Period.
36. Crossblade (Posts: 190; Member since: 21 Apr 2005)
The F700 is officially announced a month AFTER the original iPhone.
37. SirCheese (Posts: 15; Member since: 28 Jul 2012)
And Samsung applied for a patent on the F700 in Dec 06...
5. metoyou (Posts: 277; Member since: 19 Oct 2011)
The Ornament design patent is simply stupid, I didn't see car manufactures start sueing each others because of its shape and size.
Thanks GOD that Apple didn't claim it invent human with two feets or else we all walking with our hands on the ground, which iTACObell gladly to doing so without doubt
11. b.positive (Posts: 12; Member since: 23 Apr 2012)
Imagine that adidas sued nike because they copied the look/shape of sneakers?!?!?!
6. PimpStrong (Posts: 310; Member since: 25 Jul 2011)
I would hate to be a jury anyway but this one would REALLY suck! I would get ulcers trying not to talk to people about a Samsung vs. Apple case.
16. Commentator (Posts: 2473; Member since: 16 Aug 2011)
The people selected for the jury probably couldn't care less about Samsung or Apple, if the selection process worked at least.
7. metoyou (Posts: 277; Member since: 19 Oct 2011)
Something fishy about iLucy, what's her background? why she leave her country and how many igadgets she own, her ifriends, ifamily.....if we put all these together, it clearly show why she is iLucy!
26. cepcamba (Posts: 717; Member since: 27 Feb 2012)
She's probably from iReland. :p
*no offence to Irish people :)
8. structureman116 (Posts: 135; Member since: 14 Sep 2010)
I am shocked she went in to that much detail with the jurors instructions! She clearly could have just said "Make sure Apple wins" in order to get the results she wants!
10. -box- (Posts: 3866; Member since: 04 Jan 2012)
You must not have remembered or noticed a few of the rulings she has made against apple. Her latest rulings have seemed a tad one-sided, but maybe that was to put apple at ease before this giant smack-down
13. MartyK (Posts: 725; Member since: 11 Apr 2012)
Please enlighten us on what rulings she place on Iapple that will cause them to lose this cause, and I promise you, we will give you several that Samsung has gotten from this poor excuse for a judge!.
9. dragonscourgex (Posts: 307; Member since: 16 Jan 2012)
Ya, I think this judge needs to be dismissed. From all I read about her, she's a joke.
12. MartyK (Posts: 725; Member since: 11 Apr 2012)
Hey Ray S,
Any where in her instructions did she mention how prior art invalidate design patents?.
14. abdane (Posts: 477; Member since: 07 Oct 2011)
I am on Samsung's side, and i hope justice is served, which is Samsung winning because apple simply SUX ! ^_^
15. louay_joumaa (Posts: 18; Member since: 09 Dec 2011)
the problem is, apple thinks that samsung have copy the apple iphone, well news flash: apple iphone is nowhere near a samsung in terms of preformance;)
17. Commentator (Posts: 2473; Member since: 16 Aug 2011)
"We don't have a limit on the number of characters in a single post, but if we had one, we'd have surely reached it already."
Apparently someone hasn't read some of Michael H's editorials!
18. remixfa (Posts: 14080; Member since: 19 Dec 2008)
Im on the side of law... mostly. Unfortunately we are dealing heavily with a part of our laws and system that are completely broken. With that in mind, I hope the jurors DO read up on info outside of the class room and learn about patent trolls, vague patents, double awarded patents, and how broken the system is. Then they will more than likely NOT side with apple and their vague claims about owning anything with a rectangle w/ rounded edges even though they were clearly NOT the first to do so.
21. gwuhua1984 (Posts: 1237; Member since: 06 Mar 2012)
I just drew a rectangle with rounded edges in one of my presentations... Apple isn't going to come after me right.....?
What we really need is Judge Richard Posner on every one of the patent cases. That way only the consumers will win.
19. deathgod (Posts: 122; Member since: 23 Nov 2011)
I honestly hope that this case gets thrown out, so that the consumers win in the end. Apple needs to get off it's high horse and realise that being first doesn't mean that you get to be the only. TV's, video games, computers, food packaging, cars, shoes, shirts, ties, pants, chairs, microwaves,routers, the list goes on and on with everday common items from different brands with products looking/functioning similiar. It's all about giving the consumer freedom of choice.
Yes the Galaxy S looks similar to the iphone design, so do alot of other smartphones. The iphone design is a generic one for a modern smartphone at this point, and anyone who handles a modern smartphone and an iphone will be able to tell the difference. It's the subtleties and how they operate that set them apart. It's similiar to how all modern flat screens TV's look alike design wise.
That said Samsung should haven't have used the 'home' button in it's Galaxy S line, and it's touchwiz interface with it's boxed icons does make it look iphoneish. So I can see where Apple's coming from on that point. I can see a judge asking Samsung to change it's touchwiz look (which is a moot point seeing as how the newer touchwiz already remedied this problem), but I don't see how they can ban or ask for damages. Fact is, if people wanted an iphone/ipad they would have bought one.
If Apple wins, it's a loss for all consumers. Higher Prices, marginal iphone/ipad updates, more companies suing for so called patent infringement, it's gonna be a mess.
32. SirCheese (Posts: 15; Member since: 28 Jul 2012)
The Galaxy S looks NOTHING like an iPhone, I had one in my hands today. Only a blind idiot would think they look anything alike.
20. Droid_X_Doug (Posts: 5922; Member since: 22 Dec 2010)
Worst, worst case if Apple wins across-the-board, is that Sammy files an appeal. There is so much prior art (the F700 is but just one example) that invalidates Apple's patents. If the jurors can't see the prior art, the 9th circuit Court of Appeals justices certainly can.
Then again, the general rule is that no one wins everything, so break out the popcorn and enjoy the trial.
22. 305Bucko (Posts: 506; Member since: 07 Aug 2011)
I think its silly that many have already formed a conclusion without hearing the evidence as its being presented.
I pride myself in being unbiased. I dislike fanboyism and although I currently have an iPhone 4S I am waiting for the right device to come along to switch to Jellybean.
I DO feel pity for Samsung and would like to see them make a good defense. It does appear that Apple is abusing and bullying, but to be fair, I'd like to see hear both sides of the story before I base my opinion on emotions and fanboy like behavior.
That said... LETS HEAR IT SAMSUNG!!!
23. Sniggly (Posts: 7180; Member since: 05 Dec 2009)
I'm on Samsung's side here. Even with their cases of making their products similar to Apple's, if they lose it sets a dangerous precedent.
As for the instructions, no wonder Koh refused to admit all of that evidence and testimony; she told the jurors to consider evidence in the trial. If the evidence isn't in the trial, it doesn't exist. Therefore her Apple Retirement Fund is safe.
40. Mxyzptlk (Posts: 4064; Member since: 21 Apr 2012)
So where is your source regarding her Apple Retirement Fund? I want to see this.
25. Bluesky02 (Posts: 1439; Member since: 05 Dec 2011)
To be quoted
Both are seeking Money Damage
31. tmcr7 (Posts: 161; Member since: 02 Nov 2011)
"It is your duty to find the facts from all the evidence in the case. To those facts you will apply the law as I give it to you. You must follow the law as I give it to you whether you agree with it or not. "
That's why she blocked the evidence of the F700 from Samsung.
33. Hemlocke (unregistered)
Everyone mentions the F700 as if it debuted PRIOR to the iPhone. It did not. Resistive, QWERTY slider would make this case for Samsung how? If the motion for allowing the jury to hear about Samsung's destruction of emails twice in legal proceedings is approved, this trial will get ugly quick.
34. W.P._Android_in_that_Order (Posts: 207; Member since: 15 Feb 2012)
The judge is way too biased to be judging this case. Clearly ap**e copied Samsung early on. So if we were to follow ap**e's logic then Samsung should get billions and billions of ap**e's profits. Its only fair.
38. ftyler223 (Posts: 140; Member since: 06 Aug 2012)
Is like to just say a couple things.....I' currently work at Verizon. I've been in the business for 6 yrs now. So I've seen all the different android devices iPhones out there. And honestly Im using a galaxy s 3 right now. Before the s 3 I was using an incredible 4 g, and before that the iPhone 4 s. And I am not sided with anybody. But let's be real. Samsung definately copied apple. I remember a few yrs ago when the galaxy phones first came out the first thing that every customer would say is wow this is like an iPhone. The doc bar at the bottom with the apps, the way the apps are displayed when you open the app bar. It looks like an iPhone everyone can see that. Now I do agree the physical look is a dumb arguement. That shouldn't be part of this. But the interface and the way that Sammy put a ios type of spin onto their android puts them in the wrong. Now when we talk the galaxy tab. Sammy copied the iPad even to the way the charger looks. Everybody knows the apple charger since there were just iPods. Samsung copied they're charger on the galaxy tab. Now the iPhone copied a couple things them selves. The pull notification bar, the quick search, etc. But that's not Samsung they copied with these things thats android. So all you think for a second. Sammy is wrong apple is right. But they r scums for trying to get more money. That's all I had to say because I feel like people don't really understand what's going on apple is being bashed for the wrong reasons. Bash them for being greedy. Don't deny the facts. And another thing. Like I said I'm usin the s 3 I love it but the average person I sell a droid too comes back with issues. Apple devices literally have no bugs. They don't mess up like android devices do. Be real people. My only complaint with apple is I feel like they perposely take baby steps with new features. Just make that one iPhone that does everything so there's nomore s**t to be said and they're good. Every iPhone that comes out is dominant for quite awhile until they're about to release the next one and someone finally catches up. With all this being said. In past couple months I've learned that apple and HTC both make the best devices. If you're going for a droid HTC is the best option as far quality goes. My s 3 feels cheap honestly. It plastic the screen still doesn't touch the iPhone display. You can still pixels on the latest Sammy phone and the last two iPhones have no pixels visible. Amoled screens are a gimmick its just bright colors so you get faked out and think its nice.
41. ftyler223 (Posts: 140; Member since: 06 Aug 2012)
Sircheese they did. Look at all the news and proof apple has. It doesn't take a Genius to see this. I mean Jesus Christ they copied the icons even. Why do they need to use the same gear for their setting icon? They couldn't do a wrench or something? And the picture gallery logo.....why does Samsung need to use the same flower? It's sad that you're too stupid to realize these things. The docked icons, everything. It's rediculous. They're new name is "samesung" cuz they aren't original. Get it together scrub.
42. SirCheese (Posts: 15; Member since: 28 Jul 2012)
No, they really didn't. I don't give 2 s**ts about what "proof" Apple has. Icons look nothing alike. It's sad that your such a AppleTard you think that they ccopied everything.
I am the stupid one but you can't even spell the word ridiculous correctly. Funny.
The only people I see calling it names like "samesung" are AppleTards such as yourself.
As for the scrub comment : All I can say is LOL AppleTard...
You really should get Steves d**k out of your mouth. It's not very becoming to be an AppleTard..
43. ftyler223 (Posts: 140; Member since: 06 Aug 2012)
Sircheese you're an idiot. You are ban from speaking with people of my stature. U know nothing about the industry. Just do everyone a favor and save us from your stupidity. Dumb ass. Like I said why would they need to use a flower? It's clear they were trying to look like iPhone. Why doesnt HTC use a flower? Dumby. Why is Samsung the only one who is trying to put all there icons in square formations like iPhone? U get shut down everytime. Then bring a stupid argument to the table. Just shut up and accept you're stupid.
44. SirCheese (Posts: 15; Member since: 28 Jul 2012)
People of your stature? Which is? An AppleJerkOff who thinks his comments and opinions are the most important? You think everything you post is fact? WRONG!
You are a NOBODY... That's who you are.
You sell phones in a store, you have no idea about the industry either.
A flower, that's the best you could come up with? LOL
Also, learn to spell properly if you are going to try to drag people down to your level of moron, it's spelled DUMMY....you idiot.
I get shut down everytime? Certainly not by you... LOL
45. ftyler223 (Posts: 140; Member since: 06 Aug 2012)
Sircheese it took 2 days to up with that sorry comeback? Are you serious? You clearly know nothing about the industry. I just played it out for you so now you feel stupid. So instead you settle for plan B....correct the smart guys spelling. Lol. Get a life. You can't hang with the big boys.
46. SirCheese (Posts: 15; Member since: 28 Jul 2012)
It wasn't 2 days you idiot, I guess facts escape that pea brain of yours. And no, I really don't feel stupid. Some moron AppleTroll on the internet doesn't make me feel "stupid".
And you aren't a "big boy", the fact of the matter is, you are nothing. Just some idiot on the internet who thinks he knows it all.
As for correcting the spelling, if you are going to try to act all smart and know it all, you may want to learn how to spell properly, it only makes you look ignorant. Which you are but that is besides the point.
Anyway, Troll, I really don't have any more food for you. I am sure you will come back with some stupid remark like most AppleTrolls who have been shown to be an idiot time and time again. Common trait for someone who is so brainwashed by Apple.
47. ftyler223 (Posts: 140; Member since: 06 Aug 2012)
Sircheese once again yet another comeback that has no fact in it and also has nothing to do with the topic of the article. Which in this case proves that I corrected you like the retard you are and you then felt stupid so went off topic trying to put me down. You lose. I'm not brain washed by apple. I know the game. Fact. You don't. Another fact. Samsung copied apple any one with a brain and eyes can see that the iPhone came out first and the galaxy s line mimics the interface of the iPhone. which by definition means they copied. Another fact for you. This convo comes to an end now. I don't have time to bicker with an unintelligent individual like yourself. So stfu and accept you are wrong and move on with your life. My spelling is fine. I don't need to spell out every single word just to get a point across. But I did it this time so you could stfu. That's all.