With no last second agreement likely, Apple v. Samsung winner will be up to the 9 person jury

posted by Alan F. / Aug 18, 2012, 11:55 PM

With no last second agreement likely, Apple v. Samsung winner will be up to the 9 person jury

Part of Apple's proposed jury verdict form

Apple and Samsung met on Saturday in an attempt to get each side to reduce the number of claims both were presenting to the jury against the other in this epic court battle. With both sides unable or unwilling to work things out, it means that the ultimate decision on who wins the case could end up in the hands of the 9 strangers sitting in the jury box. And that's is the hard thing for the attorneys on both sides to swallow. At this stage, Apple and Samsung know each other well. After all, in one of life's sweetest ironies, Samsung is a major supplier to Apple. And after both sides take swings at each other, fighting dirty and using every trick in the book to win, it will probably come down to the jury to make a decision.

Judge Lucy Koh continued to be "pathologically optimistic" that both sides could reach a settlement and if not, she hoped both sides could agree to reduce its claims. The fewer claims that each side makes, the easier time the jury might have reaching a decision. Speaking of the jury, Judge Koh and her staff will be filing a tentative set of final jury instructions on Sunday which will reflect all of the objections both sides have had to the original set of jury instructions. Last weekend, the judge ordered both sides to meet to reach an agreement on the instructions, a process that fell flat on its face and left Judge Koh "disappointed". This week, the judge wants each side to file by 8am Monday, no more than 16 pages of their top 8 high priority objections to the jury instructions. Any further objections will have to wait for a hearing later on Monday.

One disputed point is which chart the jury will use to keep track of those devices manufactured by Samsung that Apple claims infringed on its patents. Apple says its one page chart is easier to read than the 6 page chart devised by Samsung which includes Android model numbers and other info that might not be pertinent to the jury reaching a decision. Each side also filed a proposed jury verdict form. Remember, this is not a criminal trial so the jury does not have to decide beyond a reasonable doubt if one of the parties is guilty. In this case, Apple will need to have proven by a preponderance of the evidence that Samsung is liable. And the same legal yardstick must be applied to Samsung's cross-claims against Apple.

source: Bloomberg, AppleInsider

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52 Comments

1. XPERIA-KNIGHT unregistered

"Samsung is a major supplier to Apple." hahah see thats where samsung has the upper hand because if apple wins this case with the dirty schemes they have be using, Samsung can easily "cut" the string after that contract is over and find someone else to work with....As im sure there are PLENTY other companies that would like to work with sammy........ HTC, SONY. MOTO MAYBE?

posted on Aug 19, 2012, 12:13 AM 11

9. Lucas777

Posts: 2137; Member since: Jan 06, 2011

why would samsung get rid of a part of their business because its pride has been hurt? what would that say of samsung as a good business partner? pride over profit? I mean that is pretty much like me as a storeowner denying business to democrats because I am a republican… (just an example)

posted on Aug 19, 2012, 1:38 AM 11

11. jroc74

Posts: 6023; Member since: Dec 30, 2010

Honestly...Samsung should still deal with Apple. They give Apple money if they lose...and get some of it back by supplying parts to them. Its almost a no lose situation for Samsung....lol.

posted on Aug 19, 2012, 2:38 AM 2

28. joey_sfb

Posts: 6794; Member since: Mar 29, 2012

Samsung has the capacity to manufacture into phones and tablets all the parts that was sold to Apple. It might come to a point where they decide to choke apple just like the way apple punch them in the eyes. Apple CEO vs Samsung CEO. They are human after all. These episodes only show apple partners that they better be on their guard apple will knock your teeth regardless of how important your role may be to their profit margin.

posted on Aug 19, 2012, 7:11 AM 3

17. XPERIA-KNIGHT unregistered

Dude would you still wanna do business after someone has been calling you a lier, a copier, and other stuff like that? I dont think so........And I can tell you are an apple lover right off the back because saying samsungs "pride" has been hurt is totally......ummm i dont know the word, but Ill just say WRONG! Samsungs "pride" has not been in this case the entire time...It is APPLES pride that has drug samsung to court in the first place....So im not about to get in a huge discussion over this but just know that if this case goes down the way apple wants it too, then samsung better have the guts to do what is necessary, that is IF they cannot find a common ground and continue in their partner ship......and like I said If this case continues the way apple wants it to be (which is being solely led by the very essence of pride) then Samsung most definitely does not need to work with that kind of influence period...

posted on Aug 19, 2012, 3:44 AM 2

22. Bozzor

Posts: 248; Member since: May 02, 2012

Samsung's components division maintains very good relations with Apple, and at the end of the day, Apple needs Samsung's scale and quality. And Samsung needs Apples cash. At present, China and the US snipe at each other and vie for power influence and control...yet they support each other economically like few other nations on earth. Why? Because they badly need each other. They may not really like it, but that's the way things are. Same here.

posted on Aug 19, 2012, 6:38 AM 2

23. sithman

Posts: 299; Member since: Apr 21, 2012

Who cares if he's an apple lover? Look at all the Samsung/Android lovers who flood PA with negative/anti apple comments all day all articles.

posted on Aug 19, 2012, 6:56 AM 5

32. remixfa

Posts: 14605; Member since: Dec 19, 2008

you guys are all crazy if samsung loses, samsung will still be the supplier they have CONTRACTS. NEITHER side can back out of without paying what would more than likely be a kings ransom. Also, Apple has no choice. Theyve been looking for alternate suppliers and no one else has the capacity free to make iphones at apple's pace. Samsung could just increase exynos supplies and sell them out (once they fix integrated LTE) and make up much if not all of the business they lose from Apple. Ending the venture would hurt them both, but it would hurt apple more... at least on the short term. A constant shortage of iphones would have a huge effect on them. But again, business is not personal. Would you pay.. probably hundreds of millions to billions.. to get out of a MULTI BILLION dollar contract simply because your annoyed with the guy your making things for? If you were Apple would you ditch samsung to "punish" them even though it hurts you much more? You want to cut your nose of to spite your face? Think rationally.

posted on Aug 19, 2012, 9:08 AM 10

36. TROLL

Posts: 4851; Member since: Apr 13, 2012

+1 Remixfa, you have a point! But then knowing only Samsung can supply Apple's demand, no other than them, it would be a nice to see the fruit drop before maturity.....?

posted on Aug 19, 2012, 9:14 AM 3

46. sithman

Posts: 299; Member since: Apr 21, 2012

Very good post man. I wish more apple/android users had ur understanding.

posted on Aug 19, 2012, 2:02 PM 0

48. Lucas777

Posts: 2137; Member since: Jan 06, 2011

if I was in a contract and I was making money absolutely! would you not take a billion dollars from TIm cook because you dont like him? really?? and i am not saying samsungs pride has already been hurt… it WOULD be hurt if they lost to apple.. Samsung is not a stupid company obviously… they would not sacrifice a working relationship over pride

posted on Aug 19, 2012, 2:37 PM 1

13. tegradragon

Posts: 68; Member since: May 23, 2012

And no one would like to work with Apple?

posted on Aug 19, 2012, 2:41 AM 4

24. sithman

Posts: 299; Member since: Apr 21, 2012

Whoever said that is plain wrong. This is the business world, not the consumer world. Samsung, apple r both smart enough to know they badly need each other... The courtroom battle won't interfere with that in the least bit. These companies r huge for a reason. Smarts!!!

posted on Aug 19, 2012, 7:00 AM 3

19. MeoCao unregistered

There should be no compromise, Android must keep on attacking until Apple comes to senses.

posted on Aug 19, 2012, 4:36 AM 6

25. sithman

Posts: 299; Member since: Apr 21, 2012

Dude please hush

posted on Aug 19, 2012, 7:01 AM 5

33. TROLL

Posts: 4851; Member since: Apr 13, 2012

Well said! When will that fruit mature?

posted on Aug 19, 2012, 9:08 AM 1

38. remixfa

Posts: 14605; Member since: Dec 19, 2008

you cant go to senses you never had. :)

posted on Aug 19, 2012, 9:44 AM 5

41. MeoCao unregistered

Haha, you can learn some after being beaten badly.

posted on Aug 19, 2012, 10:22 AM 1

29. neutralguy

Posts: 1152; Member since: Apr 30, 2012

did you know that apple is samsung's biggest client? Their deals in the business is not affected even who wins or loses. Apple will continue to buy components/parts from samsung and samsung will continue to sell them those components. Business is business. If samsung loses this war, then that's their fate, and they should not sacrifice bigger loss by giving up apple.

posted on Aug 19, 2012, 8:09 AM 2

31. TROLL

Posts: 4851; Member since: Apr 13, 2012

Somethings not right, 9 jurys, I wonder why? Few less!

posted on Aug 19, 2012, 9:06 AM 0

34. remixfa

Posts: 14605; Member since: Dec 19, 2008

there were 10, one got removed early on.

posted on Aug 19, 2012, 9:09 AM 1

37. TROLL

Posts: 4851; Member since: Apr 13, 2012

I thought there were meant to be 12?

posted on Aug 19, 2012, 9:26 AM 0

47. sithman

Posts: 299; Member since: Apr 21, 2012

In a civil trial there's usually 9

posted on Aug 19, 2012, 2:04 PM 1

2. Dr.Phil

Posts: 2431; Member since: Feb 14, 2011

This isn't the end of it. I honestly believe this trial is really just a practice run for Apple to see if it could go after it's real game: Google.

posted on Aug 19, 2012, 12:15 AM 6

3. XPERIA-KNIGHT unregistered

dude apple is no good give it up....

posted on Aug 19, 2012, 12:16 AM 6

10. Dr.Phil

Posts: 2431; Member since: Feb 14, 2011

Where did I say that I was an Apple fan or supported Apple in any way? I was merely just stating my opinion as to the ulterior motive behind Apple. If anything my comment should've shown to be more Samsung-favored than Apple-favored, if you were to look at it that way. I was saying that Apple isn't using this lawsuit to go after Samsung but rather Google. This is evident in some of the patents Apple has been trying to challenge that go after the software Samsung uses rather than just the hardware. If Apple wins their case on those software patents, then it would be the "boost" they need to go after Google more directly. I am not saying that as an "Apple fan" or an "Apple supporter", but instead I make these comments as an observer as to what I think they are doing. Also, because you brought the subject up, I am actually an Android user. I think you need to read more carefully and use some critical thinking skills before making such comments.

posted on Aug 19, 2012, 1:55 AM 5

18. XPERIA-KNIGHT unregistered

" I honestly believe this trial is really just a practice run for Apple to see if it could go after it's real game: Google." This last statement would seem like you are almost ready for this case to end and see what and WHO else apple can conquerer.....it kinda implies an "anticipation" on your part to see what else is going to happen "FOR" apple......thats just the way it came off to me when i read it..

posted on Aug 19, 2012, 3:50 AM 2

27. sithman

Posts: 299; Member since: Apr 21, 2012

Then re read it, cuz that's not what he meant.

posted on Aug 19, 2012, 7:05 AM 2

26. sithman

Posts: 299; Member since: Apr 21, 2012

Good post dr Phil. Well said

posted on Aug 19, 2012, 7:04 AM 1

45. OSFantasma

Posts: 119; Member since: Sep 27, 2011

That might be the reason Google is letting there subsidiary Moto go after them. Seems to be turning into a game of sue or be sued. Then again I'm sure this will show consumers how apple is actually using tech that belongs to other companies with out paying while they sue for a crazy lump sum for ridiculous design patents like the rectangle and slide to unlock. I really hope Apple and Google can work this out without litigation. I'm tired of hearing this company did this and this that. I just want to see impressive technology being born.... Self driving cars, and self aware homes, nanotechnology advance os that help fight malware and make security firms look like ancient bussiness models...

posted on Aug 19, 2012, 1:32 PM 0

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