Does the 21 hour deliberation point to a flaw in the jury's thinking?
posted by Alan F. / Aug 26, 2012, 9:22 PM
In the original decision, the jury awarded damages to Samsung for models that they had ruled Samsung did not infringe on Apple with. For example, the original verdict showed the jury ordering Samsung to pay Apple for infringing on the Cupertino based firm's IP with the Samsung Intercept smartphone and the Samsung GALAXY Tab 10.1 LTE tablet. The only problem is that the jury ruled that neither device infringed on Apple's patents. The mistake led to a $2.2 million recalculation of the damages in Samsung's favor.
Prior to deliberations, Judge Lucy Koh read through 109 pages of jury instructions that took her more than 2 hours to read. There were more than 700 different questions to be considered. Could the jury had gone through everything they were "instructed" to before deciding that Apple won the case? On Saturday, the day after the verdict was announced, juror Manuel Ilagan told the media that the jury realized on the first day of deliberations that Samsung had harmed Apple.
Despite the judge's instructions to the jury that penalties should be based on compensation and not punishment, jury foreman Velvin Hogan admitted that the jury wanted to send a message to Samsung that was painful for the Korean based tech titan, but not too much to be unreasonable. The jury, said Hogan, wanted to do more than just give Samsung a slap on the wrist. Hogan also told court officials that the jury didn't need the instructions to reach a verdict which could be a major issue during an appeal. You also might recall how Samsung pushed the issue of prior art to defend itself. The jury took hours of Samsung's defense and in the words of juror IIagan, "In fact we skipped that one, so we could go on faster. It was bogging us down."
Samsung has said it would appeal, but apparently the executives in Korea are in panic mode. One unnamed suit said that "It’s absolutely the worse scenario for us." The company called an emergency meeting of the heads of corporate strategy, mobile device, and marketing divisions. Apple will seek preliminary injunctions on Samsung devices that the jury ruled infringed on its patents and at the same September 20th hearing, Judge Koh could decide to triple the award.
The main points to consider about the verdict include, how did the jury reach a decision so quickly considering the complexity of the case, the verdict form and the instructions. The failure of the jury to award damages based on compensation, comments made by jury foreman Hogan relating to the jury instructions, the mistake that led to the $2.2 million recalculation and the decision to zip past prior art.
Samsung will be filing a Rule 50(b) motion that will ask Judge Koh to reverse the verdict or reduce the amount of the award based on the idea that no reasonable jury could have reached the conclusion that this jury did based on the evidence presented. Anything can happen although Judge Koh may decide to let the appeals court make the tough decisions.
source: Groklaw via SlashGear
Posts: 3991; Member since: Jan 04, 2012
Good to know there are more that are a little suspicious. I'm not expecting any earth-shattering changes, but more honest and objective reviews seem obvious, especially with so many expecting a mixed verdict
posted on Aug 26, 2012, 9:27 PM 14
Posts: 5993; Member since: Dec 22, 2010
It is jury nullification. Expect the appeal to address what the jury refused to consider - invalidity of the Apple patents. Google's response shows what is in store for Apple - a deliberate grinding up of Apple's patent portfolio, either in the appeal of the verdict in Apple vs. Samsung or in other actions in the present (ITC) and future. I suspect that Apple's stock value is close to its peak.
posted on Aug 27, 2012, 2:28 AM 2
Posts: 10457; Member since: May 14, 2012
The more I read, the more I want to move into the woods and forget what I just read...
posted on Aug 26, 2012, 9:29 PM 13
Posts: 126; Member since: Jul 31, 2012
Sad but true... Those jurors must be retarded, everybody was aware that the decision was rushed and they didn't care about Samsung's defense, but bragging about that is the cherry on the top of the cake! Seriously, at least they could shut their mouths and pretend they cared about being fair!!!!! On the other hand... Look at the judge Koh picture!!! Isn't she adorable??? I want to hug her and squeeze her until she pees!
posted on Aug 26, 2012, 9:53 PM 16
Posts: 307; Member since: Jan 16, 2012
So, the jury can just skip evidence. That's nice to know.
posted on Aug 26, 2012, 9:51 PM 19
Posts: 5993; Member since: Dec 22, 2010
"So, the jury can just skip evidence." And the court of appeal can vacate the entire verdict and remand the case for a new trial with instructions to the trial court as to how to proceed in the new trial.
posted on Aug 27, 2012, 2:31 AM 2
Posts: 1515; Member since: Jun 03, 2010
No question that there was some damaging evidence against Samsung. However, I think the most crucial keypoint from the juror, is that Apple won from day one of deliberations. This thinking greatly affects and conditions the mind in possibly making a wrong conclusion for judgement. So, no matter what Samsung placed in front of the panel for evidence, Samsung had the cards stacked against them from day one. John B.
posted on Aug 26, 2012, 10:01 PM 17
Posts: 5396; Member since: Sep 16, 2010
This just means the jury was impartial, I wouldn't be surprised if digging into their lives we find at least one fanboy that could have influenced greatly on the final verdict, this COULD turn beneficial to Samsung if used correctly could help them grab as much as they could to turn the tables
posted on Aug 26, 2012, 10:37 PM 7
Posts: 25; Member since: Sep 15, 2011
Americans love Apple. It's typical of a people to love their own. Since they rendered this verdict, let its effects be confined to the borders of the United States. They can live without any other mobile phones save for iPhones!
posted on Aug 26, 2012, 10:44 PM 9
Posts: 153; Member since: Dec 04, 2011
I don't like the iPhone. I don't like Samsung phones. I like the rest of the stuff those companies make though. I wasn't biased for either side to win but I was shocked by how quickly the jury worked and a little suspicious. Honestly, I think Samsung crossed a few lines on the iPhone and iPad but not to the extent they said. Things like pinch to zoom have almost crossed the line into standard operations and they seem like they should not be severely punished. I was pretty surprised also at how well Samsung defended itself and had me on their side at the end of it all adding to my later surprise. The only reason I'm so concerned about this ruling is I don't want it to open a path towards everyone just suing each other and killing off newer, smaller phone makers. Where would we be if tech companies started out this way 30 years ago? There was so much open source that led to better experiencse for users (like VisiCalc.)
posted on Aug 26, 2012, 11:42 PM 4
Posts: 6023; Member since: Dec 30, 2010
"You also might recall how Samsung pushed the issue of prior art to defend itself. The jury took hours of Samsung's defense and in the words of juror IIagan, "In fact we skipped that one, so we could go on faster. It was bogging us down." " Nothing more needs to be said after reading this.. WOW. Well....at least the juror was honest....lol.
posted on Aug 27, 2012, 12:49 AM 3
Posts: 14605; Member since: Dec 19, 2008
And the Samsung lawyers replied with " thanks for the air tight mistrial defense, juror!" I want these jurors to keep talking. The more they do, the more you realize that at least some of them had an agenda and it was more than enough to push the group forward to their final outcome. Really, you just... skipped their defense.. which I thought proved prior art damn well, just so you could "send a message to Samsung that was painful for the Korean based tech titan". Thanks for admitting that buddy. No seriously, thanks. Not only are you proving everything many of us thought about this whole case and its bias from beginning to end, you are giving air tight reasons for appeals, overturns, and mistrials. Keep it up.
posted on Aug 27, 2012, 10:41 AM 1
Posts: 256; Member since: Mar 20, 2012
I knew that something was wrong with that jury. They decided to forgo Samsung's defense and evidence and were more interested in punishing Samsung. I wouldn't be surprised if the jury was rigged in Apple's favor and saying that the decision was for Apple since day one kinda drives that suspicion. The jury did not care about Samsung's side, that should have been a mistrial.
posted on Aug 27, 2012, 12:51 AM 3
Koh is a rookie judge. Whether she wants to go down in history or pass that along to someone who wants the spotlight will be the important factor here. Looking at the jury foreman's responses, it would be easy to throw the trial out and restart again with a new jury. Going to be interesting to see how this one pans out.
posted on Aug 27, 2012, 8:19 AM 0
Posts: 53; Member since: Nov 17, 2011
They also awarded damages for Samsung phones where there could be no loss of iPhone sales (phones that were on networks other than AT+T). Acording to other blog sites, that would reduce the amount from $1B to $256M.
posted on Aug 27, 2012, 9:23 AM 0
Posts: 167; Member since: Oct 28, 2011
I am truly flabergasted. They just skipped the issue of prior art? That's sort of like being the jury for a speeding ticket and skipping the part about whether or not the cop could positively identify the car they ticketed...
posted on Aug 27, 2012, 2:29 PM 2
Posts: 14605; Member since: Dec 19, 2008
like a ref declaring a winner without ever checking the score board or watching a play. i REALLY want these jurors to keep talking. they proving how lopsided this case really was and deserves a revisit if not a mistrial of some sort.
posted on Aug 27, 2012, 8:19 PM 1
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