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

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

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36 Comments

1. redmd

Posts: 1902; Member since: Oct 26, 2011

iJudge?

24. tmcr7

Posts: 180; Member since: Nov 02, 2011

iPaid

27. zhypher_23

Posts: 195; Member since: Jun 04, 2012

Haha, Hell Yeah! :)

35. InspectorGadget80 unregistered

Ijury

2. -box-

Posts: 3991; Member since: Jan 04, 2012

Headline says Sunday #corrections

3. remixfa

Posts: 14605; Member since: Dec 19, 2008

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

4. XPERIA-KNIGHT unregistered

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...

7. Commentator

Posts: 3722; Member since: Aug 16, 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.

12. XPERIA-KNIGHT unregistered

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

15. E.N.

Posts: 2610; Member since: Jan 25, 2009

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

17. XPERIA-KNIGHT unregistered

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

25. remixfa

Posts: 14605; Member since: Dec 19, 2008

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

31. E.N.

Posts: 2610; Member since: Jan 25, 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

5. joey_sfb

Posts: 6794; Member since: Mar 29, 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)

6. mas11

Posts: 1034; Member since: Mar 30, 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.

8. PapaSmurf

Posts: 10457; Member since: May 14, 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.

11. mas11

Posts: 1034; Member since: Mar 30, 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.

16. whysoserious

Posts: 318; Member since: Jul 20, 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

28. zhypher_23

Posts: 195; Member since: Jun 04, 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 :)

34. RapidCat

Posts: 351; Member since: Jun 12, 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

10. Commentator

Posts: 3722; Member since: Aug 16, 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.

20. tedkord

Posts: 17093; Member since: Jun 17, 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.

13. joey_sfb

Posts: 6794; Member since: Mar 29, 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.

21. Non_Sequitur

Posts: 1111; Member since: Mar 16, 2012

Yeah, same.

29. zhypher_23

Posts: 195; Member since: Jun 04, 2012

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

18. Jay_F

Posts: 236; Member since: Nov 29, 2011

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

22. -box-

Posts: 3991; Member since: Jan 04, 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

9. boringman123

Posts: 5; Member since: Aug 09, 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.

23. -box-

Posts: 3991; Member since: Jan 04, 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

26. remixfa

Posts: 14605; Member since: Dec 19, 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.

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