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As Apple-Samsung trial drags on, jurors deliberate their lunch options

post #1 of 47
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More than week into the retrial between Apple and Samsung, jurors are still deliberating how much money to award Apple for patent infringement by Samsung. But the jury has already come to a negative conclusion about their daily sourdough bread sandwiches.

Sourdough
Grilled gorgonzola and apple on sourdough, via Mini Baker.


Jurors this week asked Judge Lucy Koh to grant them new options for lunch after eating sourdough bread for the last week, according to The Wall Street Journal. In a note to Koh, jurors asked for a new lunch order during Thursday's proceedings, with the word "please" underlined three times.

So far, jurors have spent a day and a half deliberating the case, but they have yet to reach a decision. They have been instructed that the award for patent infringement granted to Apple should be between $52 million and $380 million.

The eight-member jury is re-hearing the original case, in which Apple was awarded $1.05 billion. But Koh subsequently reduced the damages award, and ordered the retrial.

Bressler Testimony
Comparison of Apple and Samsung devices. | Source: Apple v. Samsung court documents


As the jury asked for a new lunch option on Wednesday, Samsung asked the court to halt the trial, citing the U.S. Patent and Trademark Office's invalidation of a key Apple patent related to the "pinch to zoom" gesture. Apple has been given one day to respond to the motion to stay.

Closing remarks were given by both sides in the trial on Tuesday, setting the stage for the jury's deliberations. Apple's attorneys said the company has a chance to be "made whole" by reinstating $380 million in vacated damages, while Samsung's lawyers argued that Apple exaggerated the importance of the five patents involved in the case.
post #2 of 47
"while Samsung's lawyers argued that Apple exaggerated the importance of the five patents involved in the case"

Samcrum: try to build a phone without pinch to zoom and see if anybody will buy your shit. Not that with it, your shit stinks less anyway.
Edited by zoffdino - 11/21/13 at 8:34am
post #3 of 47
This is not boding well for Samsung. Their stall tactic is pissing off the jury... and with sourdough bread sandwiches. There's sort of a poetic ring to that. Samsung is sour about giving up their dough and the jury has to eat it... hmm...
post #4 of 47
Sammy O Sammy you guys suck big time. Everything you guys do are just going to backfire at you when more customers like me pledge never to have any product that bares a samsung logo into the house.
You guys are crooks of the highest degree.
post #5 of 47
Next jury note: "Your Honor, we would also like to see the wine menu."

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post #6 of 47
Judge Koh: You'll get proper food when you release my homeboys from any wrongdoing... Biatches!
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post #7 of 47
Slow news day or is AI going to bust a nut when the damages award is announced?
post #8 of 47
Koh may be the worst judge on the circuit. Reduced damages and a retrial. Samsung admitted to copying Apple. What more do you need. Damages should be all profits made from every phone Samsung has sold with infringing elements.
post #9 of 47
We all hear market keeps saying Samsung has big market share and Apple is shrinking . This would be a very strong evidence Samsung hurts Apple very much , so Apple deserves even more rewards.
post #10 of 47
Quote:
 Grilled gorgonzola and apple on sourdough, via Mini Baker.

That sounds delicious!

post #11 of 47
Quote:
Originally Posted by mvigod View Post

Koh may be the worst judge on the circuit. Reduced damages and a retrial. Samsung admitted to copying Apple. What more do you need. Damages should be all profits made from every phone Samsung has sold with infringing elements.

Now that Samsung attorneys have admitted that the infringement was willful, it should be triple whatever the jury decided. So if the jury decided $100M, which brings the total damage to $700M, should Koh triple that to $2.1 billion?

post #12 of 47
Originally Posted by bloggerblog View Post
Judge Koh: You'll get proper food when you release my homeboys from any wrongdoing... Biatches!

 

Great, now the jury has to figure out who her homeboys are first.

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post #13 of 47
Quote:
Originally Posted by Johnny Mozzarella View Post
 

That sounds delicious!

Even truffle-filled, bacon-wrapped steak in cream cheese becomes yucky if you have been having the same thing for a week. I would at least expect a rotating menu for the jurors. Would Koh eat the same thing everyday?

post #14 of 47
Quote:
Originally Posted by msuberly View Post

Slow news day or is AI going to bust a nut when the damages award is announced?

Don't know. Perhaps they already gave their left one for the (red) Mac Pro this Saturday. So they'll likely want to 'hang on' to their right one.
post #15 of 47
On a similar note, I hear one of the members of the Samsung legal team was dismissed after being caught snacking on an Apple in between sessions...
post #16 of 47
Quote:
Originally Posted by mvigod View Post

Samsung admitted to copying Apple. What more do you need. Damages should be all profits made from every phone Samsung has sold with infringing elements.

 

That's pretty muddled thinking.  Suppose Sammy didn't make any profit selling 100 million infringing phones? Then the award to Apple would be zero. It's not only about how much Sammy directly profited by their infringement, but also about how much the infringement cost Apple in lost sales.  As well as less tangible losses, such as negotiating power with carriers, suppliers, advertising outlets, etc., owing to Apple's market share having been reduced.

post #17 of 47

The Apples in those lunches better have been pretty tasty, or else the subliminal message to the jurors would have been that "Apple" left a foul taste in their mouth.  Seems really very odd that in a trial about Apple, the jury would be fed a steady diet of apples.

post #18 of 47
Quote:
Originally Posted by SpamSandwich View Post

Next jury note: "Your Honor, we would also like to see the wine menu."

 

How about some Apple cider, and perhaps some apple pie?

post #19 of 47
Quote:
Originally Posted by Johnny Mozzarella View Post

That sounds delicious!

Yes it does but not everyday of the week.
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post #20 of 47
Originally Posted by TeaEarleGreyHot View Post

How about some Apple cider, and perhaps some apple pie?

 

Samsung: Your honor! We object! The jury is obviously being biased by the menu! Mistrial!

Koh: Would you just… *sigh* Fine, whatever. What do you want to put on the menu?

Samsung: Kimchi and jeotgal.

Koh: Stenographer, read to the court my earlier statement about crack smoking.

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post #21 of 47
Quote:
Originally Posted by TeaEarleGreyHot View Post
 

 

That's pretty muddled thinking.  Suppose Sammy didn't make any profit selling 100 million infringing phones? Then the award to Apple would be zero. It's not only about how much Sammy directly profited by their infringement, but also about how much the infringement cost Apple in lost sales.  As well as less tangible losses, such as negotiating power with carriers, suppliers, advertising outlets, etc., owing to Apple's market share having been reduced.

 

I 100% agree with you.  Excellent point!

post #22 of 47
Quote:
Originally Posted by Tallest Skil View Post
 

 

Samsung: Your honor! We object! The jury is obviously being biased by the menu! Mistrial!

Koh: Would you just… *sigh* Fine, whatever. What do you want to put on the menu?

Samsung: Kimchi and jeotgal.

Koh: Stenographer, read to the court my earlier statement about crack smoking.

 

Latest tweet from reporter Howard Mintz (at the trial): "Juror note says they'd like House of Siam for lunch, want menu. Who doesn't want Thai with a $300 million question? No turkey sandies here"

 

:lol:

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post #23 of 47

And a verdict has been reached... forthcoming....

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post #24 of 47

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post #25 of 47
Originally Posted by SpamSandwich View Post
Howard Mintz:  "Verdict expected at bout 12:15"

 

That PST?

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post #26 of 47
Quote:
Originally Posted by Tallest Skil View Post
 

 

That PST?

 

Yes.

 

They must be gobbling down their Thai food fast.

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post #27 of 47
Originally Posted by SpamSandwich View Post

Yes.

 

They must be gobbling down their Thai food fast.

 

Was the jury informed during deliberation of Samsung’s most recent request to have the trial suspended?

 

“That’d bias the–”

 

Like I care. I want five billion more in damages.

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post #28 of 47
Quote:
Originally Posted by Tallest Skil View Post
 

Was the jury informed during deliberation of Samsung’s most recent request to have the trial suspended?

 

I've seen nothing that would indicate they were.

 

Still waiting...

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post #29 of 47

Howard Mintz:  "Now just waiting for #icourt jury to come in. Probably finishing that last lunch. Of course."

 

:lol:

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post #30 of 47

Howard Mintz:  "Jury just sent last note: want copy of courtroom artist sketch of them. Glory hounds...."

 

Idiots! How does this bode for the verdict?

 

They really know how to drag this out.........


Edited by SpamSandwich - 11/21/13 at 12:29pm

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post #31 of 47

Howard Mintz:  "Jury awards $290 million to Apple. Lawyers now have chance to go over verdict and see if immediate quarrels with the numbers, as in 1st trial."
 

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post #32 of 47

Howard Mintz:  "Jury gives Apple much of what it wanted, way more than Samsung argued. Still less than original 400 mil plus cut by Koh, but not bad for Apple"

 

Especially since Samsung wanted, what, $52 milliion?

 

The Samsung trolls are going to be screaming and crying over at The Verge today. Ha!

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post #33 of 47

Howard Mintz:  "jury back in jury room, lawyers going over numbers. Likely to be squabbles, as were in first trial, when Koh bumped millions from verdict"

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post #34 of 47
Apple was rewarded $290M. Should have been more since Samsung completely went gung-ho over Apple's patents and designs. This should put other companies on notice since Samsung is not alone. Yet I am sure Samsung like Google can easily pay off the penalties that makes the whole trial a slap on the wrist.
post #35 of 47
Quote:
Originally Posted by Bryant NorCal View Post

Apple was rewarded $290M. Should have been more since Samsung completely went gung-ho over Apple's patents and designs. This should put other companies on notice since Samsung is not alone. Yet I am sure Samsung like Google can easily pay off the penalties that makes the whole trial a slap on the wrist.

 

Keep in mind, this is in addition to the other previously decided amount of $600 million, so the total would be $890 million.

 

Also, this is a precedent setting case for Apple. You can bet they will go after any other large violators with all necessary haste now.

 

Finally, remember that the likelihood that Apple will be able to get permanent import bans on a bunch of infringing Samsung phones is far more likely now that an upper court slapped down one of Koh's previous rulings.

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post #36 of 47
Quote:
Originally Posted by SpamSandwich View Post

Latest tweet from reporter Howard Mintz (at the trial): "Juror note says they'd like House of Siam for lunch, want menu. Who doesn't want Thai with a $300 million question? No turkey sandies here"

lol.gif

Nor Spam ones either lol.gif
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post #37 of 47
Originally Posted by SpamSandwich View Post

Also, this is a precedent setting case for Apple. You can bet they will go after any other large violators with all necessary haste now.

 

They’ll also probably go after newer Samsung devices, too. As old as the original trial is, Samsung has done more damage since.

 
Finally, remember that the likelihood that Apple will be able to get permanent import bans on a bunch of infringing Samsung phones is far more likely now

 

Thing is, all that crap is off the market already.

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post #38 of 47
Quote:
Originally Posted by Tallest Skil View Post
 

 

They’ll also probably go after newer Samsung devices, too. As old as the original trial is, Samsung has done more damage since.

 

Thing is, all that crap is off the market already.

 

This is true, but Apple will also pursue injunctions against the current crop of Samsung phones. I expect Samsung will be pretty sore after all this shakes out.

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post #39 of 47

Howard Mintz (at the trial):  "Interesting to see all us journos trying to figure out the math tween first and second trial. it is clear why none of us became engineers"

 

*headslap*

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post #40 of 47
Quote:
Originally Posted by SpamSandwich View Post

This is true, but Apple will also pursue injunctions against the current crop of Samsung phones. I expect Samsung will be pretty sore after all this shakes out.

I believe that the current crop would take a new trial since they weren't allowed to be added to this one.
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