Here's what instructions Judge Koh gave to Apple v. Samsung jurors

Here's what instructions Judge Koh gave to Apple v. Samsung jurors
Judge Lucy Koh who's presiding the Apple v. Samsung case has sent out a document to the nine selected jurors, explaining them the rules of the case, and giving them guidance as to how they should react to what's happening in the court in order to be able to reach the right verdict.

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:


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?

source: DocumentCloud

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48 Comments

1. AdamLeonard

Posts: 61; Member since: Aug 24, 2011

Really liked the summary.

2. cepcamba

Posts: 717; Member since: Feb 27, 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: 1946; Member since: Feb 15, 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. http://www.macrumors.com/2012/07/31/apples-opening-court-statement-focuses-on-samsungs-radical-shift-in-phone-design/

48. rusticguy

Posts: 2828; Member since: Aug 11, 2012

My IMATE Jam (before Iphone came in market) looks so simialr to iPhone dewsign ... heck who copied (stole) from whom?

29. Mxyzptlk unregistered

Theft of another's property isn't the side of justice.

30. SonyFTW2020

Posts: 311; Member since: May 03, 2012

hahahah wow that judge is really tryna use her authority for a one sided case in favor of apple...

3. khmer

Posts: 95; Member since: Jun 21, 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: Oct 19, 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: 224; Member since: Apr 21, 2005

The F700 is officially announced a month AFTER the original iPhone.

37. SirCheese

Posts: 15; Member since: Jul 28, 2012

And Samsung applied for a patent on the F700 in Dec 06...

5. metoyou

Posts: 279; Member since: Oct 19, 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: Apr 23, 2012

Imagine that adidas sued nike because they copied the look/shape of sneakers?!?!?! ...no comments...

6. PimpStrong

Posts: 310; Member since: Jul 25, 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: 3722; Member since: Aug 16, 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: 279; Member since: Oct 19, 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: Feb 27, 2012

She's probably from iReland. :p *no offence to Irish people :)

8. structureman116

Posts: 142; Member since: Sep 14, 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: 3991; Member since: Jan 04, 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: 1043; Member since: Apr 11, 2012

Ibox , 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: Jan 16, 2012

Ya, I think this judge needs to be dismissed. From all I read about her, she's a joke.

12. MartyK

Posts: 1043; Member since: Apr 11, 2012

Hey Ray S, Any where in her instructions did she mention how prior art invalidate design patents?.

35. PhoneArenaUser

Posts: 5498; Member since: Aug 05, 2011

He won't answer you.

14. abdane

Posts: 507; Member since: Oct 07, 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: Dec 09, 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: 3722; Member since: Aug 16, 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: 14605; Member since: Dec 19, 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: Mar 06, 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: Nov 23, 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: Jul 28, 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: 5993; Member since: Dec 22, 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.

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