Apple, Samsung submit juror questionnaire inquiries ahead of trial
Both Apple and Samsung on Wednesday filed respective documents pertaining to voir dire, or the process of jury selection, with the South Korean company proposing about 700 questions to the iPhone maker's 49.
Along with the prospective questions that will ultimately result in a venire (jury) the companies also filed jury verdict forms for the upcoming patent dispute scheduled to begin proceedings on July 30.
The disparity between Samsung's massive 700 proposed queries which amounted to 40 pages of extremely pointed questions and Apple's 49 is indicative of the two companies' differing court strategies.
Patent law expert Florian Mueller of FOSS Patents believes Samsung's intentions are two-fold as the 700 questions serve to "muddy the water" in hopes of confusing the jury and demonstrate to presiding Judge Lucy Koh that Apple's claims need to be further narrowed. He goes on to say that the Galaxy maker's questions are impracticable.
"The poor jurors would have to spend a significant part of the rest of their lives in the San Jose federal courthouse," Mueller quips.
While Apple is looking to bring together related findings, Samsung wants to keep claims as disaggregated as possible. Due to the sheer number and variety of intellectual property being claimed a jury will have to resolve an adequate amount of questions in order to ensure that a court ruling for total damages is clear enough to be valid if the decision is later successfully appealed.
Samsung is apparently looking to weed out so-called "Apple fan boys" and jurors who may hold negative views of Asian corporations.
Questions 4, 5 and 6 of Samsung's proposed 700:
Apple, on the other hand, is seeking jurors who are against the copying and stealing of ideas:
Judge Koh is expected to make a judgment regarding the proposed questions soon. It remains unclear how Koh will react to Samsung's 40-page barrage as the jurist previously required the companies to pare down their original claims which she called "cruel and unusual punishment to a jury."
Along with the prospective questions that will ultimately result in a venire (jury) the companies also filed jury verdict forms for the upcoming patent dispute scheduled to begin proceedings on July 30.
The disparity between Samsung's massive 700 proposed queries which amounted to 40 pages of extremely pointed questions and Apple's 49 is indicative of the two companies' differing court strategies.
Patent law expert Florian Mueller of FOSS Patents believes Samsung's intentions are two-fold as the 700 questions serve to "muddy the water" in hopes of confusing the jury and demonstrate to presiding Judge Lucy Koh that Apple's claims need to be further narrowed. He goes on to say that the Galaxy maker's questions are impracticable.
"The poor jurors would have to spend a significant part of the rest of their lives in the San Jose federal courthouse," Mueller quips.
While Apple is looking to bring together related findings, Samsung wants to keep claims as disaggregated as possible. Due to the sheer number and variety of intellectual property being claimed a jury will have to resolve an adequate amount of questions in order to ensure that a court ruling for total damages is clear enough to be valid if the decision is later successfully appealed.
Samsung is apparently looking to weed out so-called "Apple fan boys" and jurors who may hold negative views of Asian corporations.
Questions 4, 5 and 6 of Samsung's proposed 700:
In addition to the above, the South Korean company also seems to want jurors who haven't been keeping up with FRAND-related antitrust counterclaims or FRAND patents in general:"4. Do you have any negative impressions or opinions about South Korean companies or business people?"
"5. Do you think many Asian companies steal what others have created and sell products based on copied innovation?"
"6. Have you been negatively impacted by the recent economic downturn?"
"7. Do you think most companies with monopoly power would end up abusing their monopoly power in the marketplace?"
Apple, on the other hand, is seeking jurors who are against the copying and stealing of ideas:
"1. Have you ever created or developed something and had the idea taken from you? If yes, please explain.""2. Have you ever been accused of taking the idea of another? If yes, please explain."
Judge Koh is expected to make a judgment regarding the proposed questions soon. It remains unclear how Koh will react to Samsung's 40-page barrage as the jurist previously required the companies to pare down their original claims which she called "cruel and unusual punishment to a jury."
Comments
And all 49.
Holy cow, Samsung's question 5. I love it.
Like me.
I'm a like-minded person. SEE WHAT I DID THERE?! HA!
Quote:
Originally Posted by SolipsismX
The questions really show you that Apple is looking for like minded people and Samsung is just looking to weed out those that are racist.
While most people don't talk about, it is clear that this stupid old stereotype ("Asians copy") is at the heart of Apple's bullying.
Quote:
Originally Posted by KoreaFighting
While most people don't talk about, it is clear that this stupid old stereotype ("Asians copy") is at the heart of Apple's bullying.
No. That's what Samsung trying to say. They want to derail the trial and make it sound races. It won't work. Apple sued other companies from other countries as well.
Well... unless you think Samsung is representing all Asians!
Quote:
Originally Posted by NasserAE
No. That's what Samsung trying to say. They want to derail the trial and make it sound races. It won't work. Apple sued other companies from other countries as well.
Well... unless you think Samsung is representing all Asians!
But nowadays almost all of Apple's lawsuits are against South Korea's Samsung. Why don't they go against Google?
The funny/sad thing is, Apple used to be known as a maker a good computers -- if they continue going down this path of lawsuits (while exploiting latent racism and xenophobia) they will soon be associated primarily with lawsuits! "Apple -- the lawsuit company!"
Sorry fellow Asian person but this maybe a hard pill to swallow. The counterfeit culture is alive and thriving very very well in the vast continent of Asia. China fosters this kind of environment and its revolting how their court system favors blatant theft. Foreign companies have tried to protect their property but it falls on deaf ears. Also Samsung is a snitch! Nobody, and I mean nobody, likes a snitch. They snitch on other companies who are in competition with them. Hyundie/Kia, Samsung these b*tches has been riding the backs of European, American, and Japanese innovation for years. Jurors will do the right thing and put these gross violators into place. F Samsung biach!
Gawd, HELL F NO! As a part asian I do not want to do anything with the fckn company. I will go out on the limb and say majority of Asia don't like Samsuck. #wordup
Your a moron! Guess what?! Since you went there let me put this on your face. #USA #USA #USA #USA #USA
No, Samsung stealing is at heart of Apples complaint. Your comment is totally without merit.
Quote:
Originally Posted by KoreaFighting
But nowadays almost all of Apple's lawsuits are against South Korea's Samsung. Why don't they go against Google?
The funny/sad thing is, Apple used to be known as a maker a good computers -- if they continue going down this path of lawsuits (while exploiting latent racism and xenophobia) they will soon be associated primarily with lawsuits! "Apple -- the lawsuit company!"
So unless Apple go after Google itself it is considered racist?! Nice logic. It doesn't matter if Samsung did infringe on Apple patents!!
By the way, Motorola is American and Apple is going after them as well.. but because Apple did not sue Google then Apple must be racist against American companies!!! They also sued Nokia (before settling).. so Apple must be racist against Finnish companies. I could go on.
You know just because someone from different race, region, or whatever it does not mean they should not be sued for steal other properties.
Just a tip. This angle is not making Asians look like victims. It just make people think that Asians want to be entitled to steal others IP and not get sued.
Quote:
Originally Posted by docjrey
Sorry fellow Asian person but this maybe a hard pill to swallow. The counterfeit culture is alive and thriving very very well in the vast continent of Asia. China fosters this kind of environment and its revolting how their court system favors blatant theft. Foreign companies have tried to protect their property but it falls on deaf ears. Also Samsung is a snitch! Nobody, and I mean nobody, likes a snitch. They snitch on other companies who are in competition with them. Hyundie/Kia, Samsung these b*tches has been riding the backs of European, American, and Japanese innovation for years. Jurors will do the right thing and put these gross violators into place. F Samsung biach!
Nice post! Filled with insults, irrational hatred, and some racism/nationalism thrown in for good measure!
given that Koh said that the 300 or so total claims by the two companies were cruel and punishing for a jury, I would think that anything more than 100 questions by each side would be deemed the same. And even that number is pushing it. 100 total for both sides would be more like it.
I get that Samsung would want to eliminate anyone that is aware of the Asian copycat market and might assume that anyone that is even part Asian also copies etc. That is bias and shouldn't be in the mix but they are going a tad nutters with that many questions
Quote:
Originally Posted by SolipsismX
The questions really show you that Apple is looking for like minded people and Samsung is just looking to weed out those that are racist.
Would their questions weed out the judge?
Quote:
Originally Posted by KoreaFighting
While most people don't talk about, it is clear that this stupid old stereotype ("Asians copy") is at the heart of Apple's bullying.
Koreafighting?
Wasn't that with the help of the US (Australia and others) many years ago?
Otherwise there would probably be no Samsung flooding markets with their quickly obsolescent junk.
Quote:
Originally Posted by KoreaFighting
But nowadays almost all of Apple's lawsuits are against South Korea's Samsung. Why don't they go against Google?
The funny/sad thing is, Apple used to be known as a maker a good computers -- if they continue going down this path of lawsuits (while exploiting latent racism and xenophobia) they will soon be associated primarily with lawsuits! "Apple -- the lawsuit company!"
They are Google = Motorola, well Motorola sued Apple first and Google supports these endeavours.
Google does not manufacture copies of Apple's products or sell them with overhyped marketing, like Samsung does.
Google considers Motorola a separate company, run separately.
That's what I'm told, at least.
Quote:
Originally Posted by Tallest Skil
Google considers Motorola a separate company, run separately.
That's what I'm told, at least.
Yeah right.
I wonder why they didn't go:- "Hey Motorola dudes, we don't dig this suing over patents stuff, especially when they are standards essential and FRAND, so before we bail you out with twelve and a half billion we want you to drop the cases so you fit in with our corporate ethos, ok?".
They didn't.
They write letters supporting Motorola's position to bodies deciding these issues and tried to loan Motorola patents to HTC.
They are Google, the patent trolling hypocrites.