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Jury selected for upcoming Apple v. Samsung retrial over vacated damages

post #1 of 11
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Following a day-long selection process, a jury of six women and two men was picked on Tuesday to hear Apple and Samsung fight over millions of dollars in damages vacated from the landmark Apple v. Samsung patent trial.



Tuesday's jury selection was the next step toward an upcoming retrial that will determine whether Samsung must pay Apple roughly $400 million in damages for infringing certain design and utility patents.

In 2012, a jury decided against Samsung's case in the landmark Apple v. Samsung patent trial, ultimately awarding the Cupertino company $1.05 billion in damages. Presiding U.S. District Court Judge Lucy Koh later deducted some $450 million from the verdict after finding incongruities in the jury's calculations. That sum was later modified to something closer to $400 million, with 13 alleged infringing Samsung products remaining in suit after the damages amount pertaining to one device was restored.

The retrial deals with Samsung's Captivate, Continuum, Droid Charge, Epic 4G, Exhibit 4G, Galaxy Prevail, Galaxy Tab, Gem, Indulge, Infuse 4G, Nexus S 4G, Replenish and Transform. Apple's patents-in-suit include U.S. Patent No. 7,469,381, 7,844,915 and 7,864,163, or the utility patents, as well as U.S. Patent No. D618,677 and D604,305, or the design patents.

According to in-court reports from The Recorder, Judge Koh narrowed down the retrial jury to those selected from a pool of 90 people. During voir dire, however, the jurist had to excuse 11 chosen members for discussing the case with other prospective jurors in the court's waiting room.

With the jury set, Apple and Samsung will provide opening statements on Wednesday, while the retrial itself is not expected to run more than one week.

An Apple court filing in October suggested former iOS chief Scott Forstall, who was ousted from the company following the Apple Maps debacle, would offer testimony as part of the proceedings, as would current SVP of Worldwide Marketing Phil Schiller. Neither are mentioned in the latest rolling witness list entered into record today, however.
post #2 of 11
I wonder who Samsung "let stay" as their "Hogan" on the jury this time so they could try to appeal later on.

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post #3 of 11

Can the decision that comes from this be appealed by either party?  If so, then I have suddenly lost interest in the outcome of this one.

post #4 of 11
Why would this round be "appeal-able"? I think this is it.

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post #5 of 11
The current legal System: Coming to a decade near you soon.
My car keeps crashing whenever I do 150mph. It's a design flaw. People tell me to slow down and drive normally but I should be able to use it as I wish.
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My car keeps crashing whenever I do 150mph. It's a design flaw. People tell me to slow down and drive normally but I should be able to use it as I wish.
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post #6 of 11
Quote:
Originally Posted by EricTheHalfBee View Post

I wonder who Samsung "let stay" as their "Hogan" on the jury this time so they could try to appeal later on.

 

That's a little conspiratorial. Apple could've kicked him off, too. And, if anything, the guy made Samsung's punishment bigger, not smaller. 

 

I suspect neither side knew he would engage in legal freelancing. Jurors are supposed to follow the judges' instructions.

post #7 of 11
Quote:
Originally Posted by Arlor View Post

That's a little conspiratorial. Apple could've kicked him off, too. And, if anything, the guy made Samsung's punishment bigger, not smaller. 

I suspect neither side knew he would engage in legal freelancing. Jurors are supposed to follow the judges' instructions.
Samsung knew of his background and Judge Koh brought that up when they tried to appeal over Hogan's "alleged" misconduct.

Hogan did nothing wrong despite Samsung's (and numerous blogs) attempts to slander him.

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post #8 of 11
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Originally Posted by Digital_Guy View Post

Quit sending links to obscene adult related sites. Take your trash somewhere else!
Indeed. I've reported him/it. Have a look at the user profile. Looks like a bot to me.
post #9 of 11
Ah so thats how to get out of jury duty , discuss case with other jurors , thanks. I have also found asking questions like "Who decides what the punishment will be" gets one out of jury duty too?

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Originally Posted by Rickers - 2014

Cook & Co will bury Apple.  They can only ride Steve's ghost for so long.  Steve == Apple and Apple == Steve.  

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post #10 of 11
Quote:
Originally Posted by Paul94544 View Post

Ah so thats how to get out of jury duty , discuss case with other jurors , thanks. I have also found asking questions like "Who decides what the punishment will be" gets one out of jury duty too?

Discussing the case with others against instructions is also a great way to get yourself fined or jailed.

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post #11 of 11
In the immortal words of Donkey, "Pick me... pick me .. pick me." I'd be so unbiased and fair ... promise. 1biggrin.gif
Been using Apple since Apple ][ - Long on AAPL so biased
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Been using Apple since Apple ][ - Long on AAPL so biased
nMac Pro 6 Core, MacBookPro i7, MacBookPro i5, iPhones 5 and 5s, iPad Air, 2013 Mac mini, SE30, IIFx, Towers; G4 & G3.
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