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Jurors await paperwork before deciding Apple-Samsung dispute

post #1 of 25
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Apple and Samsung continue to be at odds even after closing arguments in their patent infringement suit have concluded, with each side pushing for their own, streamlined version of the jury's verdict work sheet.

The sheet will be about a dozen pages and will be filled with boxes requiring the jurors to check boxes with answers of either "yes" or "no" related to patent infringement claims between Apple and Samsung. But the contents of the jury form remain a point of contention between the two companies, according to The Wall Street Journal, which has left the jury awaiting a compromised version of the work sheet from Judge Lucy Koh on Monday.

Both Apple and Samsung announced to the court on Saturday that no progress had been made in narrowing each others' claims against the other company. A joint filing from both parties declared that the parties "met and conferred about case narrowing, but have not been able to narrow their cases further."

That set the stage for the trial to go to jury deliberation, but not before the remaining work sheet issues between Apple and Samsung have been decided. Samsung wants to provide jurors with a more detailed sheet that would ask jurors whether different applications within a smartphone infringe upon certain patents, while Apple seeks a more streamlined approach related to the devices themselves.

Apple and Samsung will argue on behalf of their submitted proposed verdict forms in front of Koh today, but the judge will ultimately decide what form the compromised jury work sheet will take. Samsung and Apple are required to file "no more than 16 pages of their 8 high priority objections by 8:00 a.m. on Monday," but are no longer allowed to file further objections.

Koh's patience has worn thin at times with each side during the three-week trial between Apple and Samsung. Last week, she chided Apple lawyer Bill Lee, facetiously suggesting he was "smoking crack" after he presented a list of 22 witnesses Apple wished to call to the stand.

Samsung

Evolution of Samsung and Apple smartphones. | Source: Apple v. Samsung court documents


Jurors in the case have a particularly complex task of sorting out three different types of intellectual property claims related to product design, phone features, and wireless communications standards. Jorge Contreras, associate professor of law at American University Washington College of Law, told the Journal that "it is like the whole kitchen sink got thrown in there."

In addition to determining any infringement, the jury will also be asked to decide damages in the dispute. Apple announced last month that it seeks $2.5 billion in damages from Samsung, a sum that amounts to more than $30 per device sold by the Korean electronics maker.

Samsung, meanwhile, told the court last week in its closing arguments that Apple could owe nearly $422 million in royalties over five patents it owns.
post #2 of 25

Here is the counter evidecnes before you accusing samsung....

 

1. Samsung alrady developed that design before iphone

 

 

 

 

 

 

 

Samsung design development before iphone

http://www.slashgear.com/samsung-infuriates-apple-with-iphone-evidence-leak-01241146/

 

 

 

2. That design is not Apple's own

 

 

http://www.engadget.com/2007/06/29/apple-iphone-vs-lg-prada-separated-at-birth-part-2/
http://www.engadget.com/2007/01/11/iphone-and-lg-ke850-separated-at-birth/

 


LG Mobile Handset R&D Centre, Woo-Young Kwak, publicly announced the following statement:


"We consider that Apple copied the Prada phone after the design was unveiled when it was presented in the iF Design Award and won the prize in September 2006."
We take that to mean "Apple stole our idea."
http://www.applematters.com/article/the-iphone-lawsuits/

 

 

 

3. Filder Tablet (Prior-Art of ipad)

 

Here is the tablet that apple copied its design.

 

 

 

 

 

Apple : Nothing is original

post #3 of 25
This judge is more concerned about her patience being tested than
getting the rule of law correct.

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post #4 of 25
Quote:
Originally Posted by 845032 View Post

Here is the counter evidecnes before you accusing samsung....

I get the impression that English isn't your first language.

I also get the impression that Korean could be.

LOLZ.
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post #5 of 25
Quote:
Originally Posted by GTR View Post


I get the impression that English isn't your first language.
I also get the impression that Korean could be.
LOLZ.

The last image of Fidler holding both an iPad and his tablet mock-up is still interesting tho it may not prove anything detrimental to Apple. The image post is still appreciated as I've never seen that one before.

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post #6 of 25
Quote:
Originally Posted by 845032 View Post


Apple : Nothing is original



Yes, that's what Samsung would like you to believe.

In the REAL world, Samsung's phones before the iPhone were very different. After the iPhone rumors started, Samsung started making phones that looked more like the way the iPhone ended up, but there was still some variation. After the iPhone came out, Samsung morphed their phone so it looked like a near-exact copy, down to the charger and packaging.
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post #7 of 25

Dude IN DEVELOPMENT NOT released! The Iphone Was in DEVELOPMENT in 2005 They have Tons of pictures of it and its called codenamed The purple Iphone Beats your samsungs development in 2006 They were already thinking about it in 1998  And Oh ya ALL OF THOSE PATENTS THAT APPLE GOT Granted were before September 26th("development of Samsung shitty COpycat phones) Those patents were granted In April of 2006 Think before you speak Troll

 

 

 

 

 

 

APPLE: Innovation at Its Best

Unlike Yourself

post #8 of 25
Quote:
Originally Posted by 845032 View Post

Here is the counter evidecnes before you accusing samsung....

 

1. Samsung alrady developed that design before iphone

 

 

imo design draf should not be admissible. it could be complete BS.  Fact is Apple patented its design and as far as I am concern its game over after that. Show me the patents, the rest is BS.

 

And a sheet showing actual real product launch is much more valuable than designs. Speaking of which why the F does Sansung includes its non smartphone line. its completly irrelevant.  god I hate that company.

post #9 of 25
Quote:
Originally Posted by herbapou View Post

Fact is Apple patented its design and as far as I am concern its game over after that.

 

That's not how the patent system in the US, and most countries, works.

post #10 of 25

By the end of the week, we should know what the jury thinks.

post #11 of 25
Quote:
Originally Posted by 845032 View Post

Here is the counter evidecnes before you accusing samsung....

 

1. Samsung alrady developed that design before iphone

 

Samsung design development before iphone

http://www.slashgear.com/samsung-infuriates-apple-with-iphone-evidence-leak-01241146/

2. That design is not Apple's own

http://www.engadget.com/2007/06/29/apple-iphone-vs-lg-prada-separated-at-birth-part-2/
http://www.engadget.com/2007/01/11/iphone-and-lg-ke850-separated-at-birth/

 

LG Mobile Handset R&D Centre, Woo-Young Kwak, publicly announced the following statement:


"We consider that Apple copied the Prada phone after the design was unveiled when it was presented in the iF Design Award and won the prize in September 2006."
We take that to mean "Apple stole our idea."
http://www.applematters.com/article/the-iphone-lawsuits/

3. Filder Tablet (Prior-Art of ipad)

 

Here is the tablet that apple copied its design.

 

Apple : Nothing is original

 

Dude, you forgot Star Trek and 2001!

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post #12 of 25

845032 how much is Samsung paying you for all your stupid comments?

post #13 of 25
Another jacked thread. Surely this shouldn't be allowed, Mods.

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post #14 of 25

Speaking of jurors, does the majority of the selected have the background to determine whether or not patent infringement has occurred? (Alas, it's Monday and I've not had my morning jolt: being a juror doesn't require that you know anything about patent infringement.) Likewise one can't tell me that there will be no favoritism happening in the decision within the jurors?!

 

Back in the day, pre- smart phone technology, I'd say that Samsung (love your TVs Samsung) was very successful. Today I view them as being the crybaby in the corner trying to make a buck off another company's success where they've capitalized in a less figurative way.

 

The above being said, its a good thing I'm not on that jury.....

 

:-D

post #15 of 25

I'm a bit less certain now than even last Friday that the jury will be needed. The chances of an out-of-court settlement between now and tomorrow "feels" a bit higher to me.

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post #16 of 25
Quote:
Originally Posted by TheShepherd View Post

By the end of the week, we should know what the jury thinks.

I think we should have a pretty good idea after tomorrow when the judge issues her jury instructions on points of law and what is/is not admissible re jury decisions.
post #17 of 25
Quote:
Originally Posted by 845032 View Post

 

 

3. Filder Tablet (Prior-Art of ipad)

 

Here is the tablet that apple copied its design.

 

 

 

 

 

Apple : Nothing is original

Funny how the Fiddler Tab is displaying the exact same screen 18 friggin years later as displayed in 1994.  What a bunch of hyped up BS!

 

I could put a crow under glass and tell you it was pheasant and you wouldn't know the difference.

 

http://www.youtube.com/watch?v=JBEtPQDQNcI

 

 

 

 


Edited by BuzDots - 8/20/12 at 8:42am
OMG here we go again...
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post #18 of 25
No. The judge is managing a trial. The length of the trial was part of a scheduling order that is the product of the parties and the Judge's determination at the beginning of the case. It can be (and, was) modified during the discovery and post Summary Judgment /pre-trial stages of the case.

After 66 federal trials I'm my career, I'm happy to say that a good scheduling order makes the case much more structured and predictable than before the practice became common.

If you were around during the OJ case you got a good look at a trial with no judge in control. Admittedly, criminal trials must have much more leeway than civil trials, but J. Ito was out of his depth in that case. The same cannot be said for J. Koh.
post #19 of 25

It was supposed to end tomorrow.

 

 


Tim Cook using Galaxy Tabs as frisbees

 

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Tim Cook using Galaxy Tabs as frisbees

 

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post #20 of 25
AAPL's stock is screaming up. Samsung and Apple have too much to lose if Apple wins big and mortally wounds Samsung. A settlement is always preferable in these kinds of civil cases. The issues are resolved, confidentiality can be made mandatory (verdicts are public documents), years of appeals avoided and business relationships can be preserved.

Settlement is always a possibility.
post #21 of 25
Quote:
Originally Posted by mchellec View Post

Speaking of jurors, does the majority of the selected have the background to determine whether or not patent infringement has occurred? (Alas, it's Monday and I've not had my morning jolt: being a juror doesn't require that you know anything about patent infringement. Likewise one can't tell me that there will be no favoritism happening in the decision within the jurors?

The jury is made up of laymen with no specific training in patent matters.

And please do not use text highlights unnecessarily. There's no reason to make your entire post bold, italic, and colored.
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post #22 of 25
To me it seems like the thing making this case complex is that they are arguing a non SEP design patent issue with a very SEP wireless one. That kind of thing should be two different cases to me.

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post #23 of 25

post #24 of 25
Quote:
Originally Posted by jragosta View Post


Yes, that's what Samsung would like you to believe.
In the REAL world, Samsung's phones before the iPhone were very different. After the iPhone rumors started, Samsung started making phones that looked more like the way the iPhone ended up, but there was still some variation. After the iPhone came out, Samsung morphed their phone so it looked like a near-exact copy, down to the charger and packaging.

Some of it is grossly overstated, yet it's really annoying to sort through the FUD. One of the Samsung plugs compared looks a lot like PDMI, although that's not exactly what they use. The store section where copying was claimed all over the internet ended up being decorations put up by the store itself rather than endorsed by Samsung. Nothing is ever that clear. The issue becomes one of sorting out the material that can't be applied. There is always a very unrefined "copied" mentality on here. It's presented as an abstract concept, yet if you read some of the linked claims, they are for the most part highly specific. "Copied" look and feel has little to do with the utility patent claims, yet they're often lumped in due to the bulk of Apple's requested figure coming from the look and feel claim. Beyond that there seems to be a lack of understanding that these claims are asserted per device.

 

 

Quote:
Originally Posted by jragosta View Post


The jury is made up of laymen with no specific training in patent matters.
And please do not use text highlights unnecessarily. There's no reason to make your entire post bold, italic, and colored.


This is something that has always irritated me. The people making determinations in these cases are not truly educate on the subject.

post #25 of 25
Quote:
Originally Posted by 845032 View Post

3. Filder Tablet (Prior-Art of ipad)

 

Here is the tablet that apple copied its design.

 

 

 

 

Quote:
Originally Posted by BuzDots View Post

Funny how the Fiddler Tab is displaying the exact same screen 18 friggin years later as displayed in 1994.  What a bunch of hyped up BS!

 

I could put a crow under glass and tell you it was pheasant and you wouldn't know the difference.

 

 

 

 
 
 
↵ Use original p

 

It is interesting that in that photo, the guy holding it is obscuring the bottom bezel with his left arm.

 

Is that because Apple's design patent specifically covers that the top and bottom bezels are of equal width?

 

That model is not like Apple's design patent.

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