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Judge Koh orders both sides to meet face to face on Sunday over jury instructions

Posted: , by Alan F.

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Judge Koh orders both sides to meet face to face on Sunday over jury instructions
"The Court is disappointed by the parties' respective reports regarding their meet and confer efforts on final jury instructions. Lead trial counsel shall meet and confer in person today and file joint and disputed final jury instructions by Monday, August 13, 2012 at 8 a.m."-Judge Lucy Koh
Judge Lucy Koh has had it up to here (imagine a very tall building) with both sides in the epic Apple v. Samsung patent battle now about to start week 3. The big issue that has the Judge's gavel all tied up in a bunch is the instructions to the jury that each side wants the judge to read. Late Friday, Apple told the court that "although [it] has tried diligently to advance the process, Samsung has stymied those efforts", and asked the court for help. A couple of hours later came Samsung's reply. "(Samsung) has agreed to more than twenty revised instructions proposed by Apple and is continuing to review Apple's remaining disputed instructions for any common ground." While Samsung said it has agreed to twenty revised instructions from Apple, the Korean manufacturer said Apple agreed to only two jury instructions written by Samsung and one of those was merely the model used by the 9th Circuit

Now, both sides are being told by Judge Koh to report to court Monday at 8am to file joint and disputed jury instructions. While the jury instructions probably won't come into play for a week or so,  Juge Koh can use this time to figure out her decision. The instructions given to the jury before they deliberate usually tell them the legal rules that they are supposed to follow in order to reach their decision. Because they are the last words that the jury hears before reaching a decision, even just one word could make a difference in how the jury rules which is why both sides are fighting tooth and nail to get the court to go with the instruction that favors their side.

source: FOSSPatents

36 Comments
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posted on 12 Aug 2012, 22:12 22

1. redmd (Posts: 860; Member since: 26 Oct 2011)


iJudge?

posted on 13 Aug 2012, 08:08 5

24. tmcr7 (Posts: 148; Member since: 02 Nov 2011)


iPaid

posted on 13 Aug 2012, 09:06 2

27. zhypher_23 (Posts: 195; Member since: 04 Jun 2012)


Haha, Hell Yeah! :)

posted on 13 Aug 2012, 16:35

35. InspectorGadget80 (Posts: 6142; Member since: 26 Mar 2011)


Ijury

posted on 12 Aug 2012, 22:13 2

2. -box- (Posts: 3714; Member since: 04 Jan 2012)


Headline says Sunday #corrections

posted on 12 Aug 2012, 22:41 24

3. remixfa (Posts: 13902; Member since: 19 Dec 2008)


wow.. 20 vs 2 for instructions? talk about one sided.

posted on 12 Aug 2012, 22:55 9

4. XPERIA-KNIGHT (Posts: 2384; Member since: 08 Aug 2012)


apple isnt going to conform to what samsung is trying to accomplish so the court has got to step in somewhere along the lines.....Like you said....20 vs 2?.....This clearly shows apples arrogance and it is very disturbing to see...

posted on 12 Aug 2012, 23:51 2

7. Commentator (Posts: 2295; Member since: 16 Aug 2011)


Calm down. We don't know the number of instructions Samsung requested or what they were, so condemning Apple at this point based on a two paragraph essay written by Alan F seems a bit hasty. It doesn't show Apple's arrogance, it shows that their lawyers are damn good at their jobs.

posted on 13 Aug 2012, 00:06 3

12. XPERIA-KNIGHT (Posts: 2384; Member since: 08 Aug 2012)


Could be that too...but i say its arrogance given the fact that's what they been showing thus far....

posted on 13 Aug 2012, 01:15 2

15. E.N. (Posts: 2224; Member since: 25 Jan 2009)


Apple's lawyers have also been making very few mistakes in this case thus far.

posted on 13 Aug 2012, 01:33

17. XPERIA-KNIGHT (Posts: 2384; Member since: 08 Aug 2012)


yea its very easy to side with arrogance when money is involved isn't it?

posted on 13 Aug 2012, 08:10 1

25. remixfa (Posts: 13902; Member since: 19 Dec 2008)


its hard to make mistakes when the judge clearly favors one side over the other.

posted on 13 Aug 2012, 10:43

31. E.N. (Posts: 2224; Member since: 25 Jan 2009)


Don't get mad because Samsung can't follow simple directions. It's not the judge's fault they suck. And her being "clearly" biased comes out of pure fanboyism. But I think you already know that

posted on 12 Aug 2012, 23:10 7

5. joey_sfb (Posts: 2574; Member since: 29 Mar 2012)


"..Apple agreed to only two jury instructions written by Samsung and one of those was merely the model used by the 9th Circuit."

So basically, Apple agreed to one of Samsung's suggested revision.

20 vs 1, What a surprise!! (sarcasm)

posted on 12 Aug 2012, 23:25 13

6. mas11 (Posts: 1026; Member since: 30 Mar 2012)


If Apple banns the SGSIII there will be hell to pay. Seriously Apple is playing very dirty and every time I see someone with an iPhone I get annoyed because they are supporting a company whose business ethics I find appalling. Apple needs to compete not litigate.

posted on 12 Aug 2012, 23:54 2

8. PapaSmurf (Posts: 7409; Member since: 14 May 2012)


Then you wouldn't want to visit Chicago. Over here, almost everyone in Downtown has an iPhone. I take the train in the morning and I can safely say that 70% of the people have a 4/4S. Can't really tell a difference because they look exactly the same.

posted on 13 Aug 2012, 00:01 6

11. mas11 (Posts: 1026; Member since: 30 Mar 2012)


Yeah I know what you mean I'm from Cleveland and even in the rougher parts the iPhone is popular. I swear the iPhone used to be considered an elite and exclusive phone, but now like every 1/3 smartphone owners has one. It gets pretty boring seeing the same phone over and over.

posted on 13 Aug 2012, 01:27 4

16. whysoserious (Posts: 316; Member since: 20 Jul 2012)


I live in the Philippines, and it's like only 5% of the people I encounter everyday has iPhone. On that 95%, 10% are wise enough (like me) to choose android, and the remaining 85% can't afford one.xD

posted on 13 Aug 2012, 09:11

28. zhypher_23 (Posts: 195; Member since: 04 Jun 2012)


Hey, I'm also from the Philippines, live in Pampanga where do you live bro? btw yeah that's true %5, Filipino's really like saving every penny, and they know when something is overpriced like the iPhone, filipino's look for *sulit* products, something worth their penny hehe :)

posted on 13 Aug 2012, 14:52

34. RapidCat (Posts: 351; Member since: 12 Jun 2012)


wow 5% is big.
in indonesia like me, i think under 1% people use iPhone.
android, i think more than 5%
people still prefer BlackBerry, nokia or cheap chinese phone with price range $15-$50.
if they can text and call, they happy

posted on 12 Aug 2012, 23:56 4

10. Commentator (Posts: 2295; Member since: 16 Aug 2011)


Fortunately I don't think Apple has a case against the GSIII, but that's not the issue at hand. Apple is seeking a cut of Samsung profits made from GS and GSII sales. The last I saw they were looking for $2 billion.

posted on 13 Aug 2012, 05:19 3

20. tedkord (Posts: 4288; Member since: 17 Jun 2009)


Apple tried guy amend the case to include the SGS3, to include it in the preliminary ban of the Galaxy Nexus and Tab 10.1, but we're denied because it was too late to include it.

Apple believes it has a case against all smartphones.

posted on 13 Aug 2012, 00:44 5

13. joey_sfb (Posts: 2574; Member since: 29 Mar 2012)


Same here, I have no problem buying apple products in the past, now the thought of buying their stuff puts me in a spot.

So i will avoid giving apple any money if possible.

posted on 13 Aug 2012, 07:42 2

21. Non_Sequitur (Posts: 1111; Member since: 16 Mar 2012)


Yeah, same.

posted on 13 Aug 2012, 09:13

29. zhypher_23 (Posts: 195; Member since: 04 Jun 2012)


Good Choice, all people will now realize now who the real culprit is in the tech industry :))

posted on 13 Aug 2012, 02:06 1

18. Jay_F (Posts: 236; Member since: 29 Nov 2011)


lol "hell to pay"? What are you gonna shake your finger at them?

posted on 13 Aug 2012, 07:43

22. -box- (Posts: 3714; Member since: 04 Jan 2012)


I don't think the GS3 is affected by these, as they seem to be for phones prior to April of this year. What would be bad is not a ban (just pull a Galaxy Tab 10.1N) but having to pay over 2 Billion dollars for baloney patents. The only thing this far that seems even slightly incriminating is the internal Samsung discussion about making the phones more "fun", which apple argues (and for the jury to decide) led to both companies' phones having the rubbery bounce effect at the end of a menu, something which has been fixed with software patches

posted on 12 Aug 2012, 23:55 2

9. boringman123 (Posts: 5; Member since: 09 Aug 2012)


As fat as I know, Samsung is the one disagreed (yet again another count order) to meet the judge today. While the court has prevented both side to present certain type of evidence, Samsung has been the only party putting undying effort to refuse nearly every court order(e.g. leaking rejected evidence to press). As much as I want Samsung win while the court will grant order to restrain the scope of all patents, Samsung's actions are painfully irritating to both the judge and the jury. Plus, the evidence of Google and Samsung's doc. on the galaxy S, I bet Samsung is losing.

posted on 13 Aug 2012, 07:46 1

23. -box- (Posts: 3714; Member since: 04 Jan 2012)


Samsung didn't violate any court orders with the public evidence. The judge thought the evidence was shown to the jurors, which could affect their impartiality or prematurely make up their minds. None of the jury members saw it, so no big deal. A bunch of pro-apple news sites/channels got their knickers in a knot trying to get views; it was blown way out if proportion

posted on 13 Aug 2012, 08:13

26. remixfa (Posts: 13902; Member since: 19 Dec 2008)


samsung hasnt refused much. the record of 20 v 2 for accepting the other side's request its proof positive that Samsung is TRYING to play ball and Apple is trying to bully like normal. Throw Koh on top of that who regularly sides with Apple on nearly everything and has severely limited the ways that Samsung is even allowed to present its case or defend itself, and you have a clear and easy shot at samsung getting a court rematch through appeals based on how the case is being handled. That just means we get to do it all over again and waist more tax dollars on the ordeal.

posted on 13 Aug 2012, 10:48

32. boringman123 (Posts: 5; Member since: 09 Aug 2012)


The fact that Apple have been cooperative to the court order while Samsung does not do have a impact to the case. And of course, the appeal game would at least make tech website like phonearena play legal analyst for another 2 years. As for how the situation would be like in the near future,my bet is that It would all depends on how many injunction apple managed to be granted and kept and how the court would restrain the scope of patents. Not to mention how fat those lawyers will become.

posted on 13 Aug 2012, 00:52

14. MARKSPEAR77 (Posts: 40; Member since: 24 Nov 2011)


surely apple wins over the battle because USA is apple place. Sammy just give chance apple reign in their place anyway just only for USA and the other sides of the world is yours....lol...

posted on 13 Aug 2012, 02:51 3

19. Bluesky02 (Posts: 1439; Member since: 05 Dec 2011)


Samsung accepts to do some revision, honestly Samsung had did revisions even before. Now Apple should shut UP. But I don't think they will.

posted on 13 Aug 2012, 09:16

30. MartyK (Posts: 688; Member since: 11 Apr 2012)


OMG!!...ALAN F is quoting Florian Mueller as his source for this article?...hahahaha

You guys fell for ALan F tricks..hahahahaha

Go here if you want to read what really happen in this case...lol

http://www.siliconvalley.com/business/ci_21275393/live-blog-apple-samsung-patent-trial-experts-say-consumers-confused?source=autofeed#

posted on 13 Aug 2012, 11:55 1

33. tedkord (Posts: 4288; Member since: 17 Jun 2009)


Didn't you guys read the news. Mueller is a paid shill. Admitted he was on Oracle's payroll during the Google trial. No doubt he gets mucho dinero from Apple. Maybe not as much as a paid "expert" witness that has no expertise in smartphones, but good coin no less.

posted on 13 Aug 2012, 20:46

36. downphoenix (Posts: 2268; Member since: 19 Jun 2010)


If apple manages to successfully ban Samsung's GOOD phones like Galaxy S3, Note, etc. I wont ever buy an apple product, EVER.

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