Jury likely to decide Apple and Samsung case as parties fail to narrow dispute

Posted:
in General Discussion edited January 2014
Apple and Samsung on Saturday said no progress was made in narrowing claims against each other in the two companies' ongoing high-stakes California patent trial, making the possibility of a jury verdict all the more likely.

In a joint filing on Saturday, Apple and Samsung said "the parties have met and conferred about case narrowing, but have not been able to narrow their cases further." This means the case will go to jury deliberation barring any further development between the two tech heavyweights, reports Bloomberg.

Despite being "pathologically optimistic" that a settlement could be reached, presiding Judge Lucy Koh this week said she hoped the parties would at least narrow their claims if such an agreement didn't materialize. A winnowing of claims would make it easier for jurors to come to a decision.

In a subsequent Saturday filing, Judge Koh said the Court will be entering tentative jury instructions in installments as they are prepared, thus allowing the parties as much advance notice as possible. To that end, Apple and Samsung began maneuvering for favorable positioning as they filed some of the first "redlined" versions of the proposed documents.

Judge Koh and her staff will be responsible for filing a complete set of tentative final jury instructions on Sunday, which "will reflect the Court's rulings on all objections made by the parties" regarding the original disputed instructions. The judge ordered Apple and Samsung lead counsel to meet and resolve the litany of disputes earlier this week, saying she was "disappointed" by the situation.

One of the sticking points is a chart the jury will use as a reference to the Samsung products accused of infringing on Apple's patents. Apple argues its one-page chart is less confusing than Samsung's six-page counterpart, which includes allegedly extraneous information like Android version numbers. The Korean company disputes that Apple's chart "accurately represents the accused products."

Apple Chart
Apple's proposed jury instruction chart. | Source: Apple v. Samsung court documents


Samsung Chart
Page one of Samsung's proposed jury instruction chart. | Source: Apple v. Samsung court documents


It was noted in Judge Koh's order that the Court was revising the procedure for objecting to disputed jury instructions. Both parties are still 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 any further objections. Instead, Apple and Samsung counsel will need to wait for a Monday hearing, at which time the charts, as well as a number of other disputes, will be argued.



The parties also submitted proposed verdict forms (1, 2), offering a glimpse of what the jury may fill out when deciding the case if deliberations begin on Tuesday.
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Comments

  • Reply 1 of 179
    Finally I can send out my invitations for the Apple winning party, anyone wanna come? There will be Appletinis and Apple flavored vodka.
  • Reply 2 of 179
    solipsismxsolipsismx Posts: 19,566member
    Finally I can send out my invitations for the Apple winning party, anyone wanna come? There will be Appletinis and Apple flavored vodka.

    And if they lose?
  • Reply 3 of 179


    Perhaps some Sam Adams would be in order if they lose?

  • Reply 4 of 179
    tallest skiltallest skil Posts: 43,399member


    Originally Posted by SolipsismX View Post

    And if they lose?


     


    Appeal party.


     


    We'll buy some bananas.

  • Reply 5 of 179
    solipsismx wrote: »
    And if they lose?

    Then we will quote House: House: What do you do when you win? Kids: Party! House: What do you do when you lose? Kids: Party harder!

    This is after he jumps off of the balcony of the Champagne, hooker and self pity infested hotel room after Cuddy dumps him near the end of season 7. He goes back on Vicodin and dumps his life upside down.
  • Reply 6 of 179
    Appeal party.

    We'll buy some bananas.

    Or that
  • Reply 7 of 179

    Quote:

    Originally Posted by SolipsismX View Post





    And if they lose?


    Appeal?

  • Reply 8 of 179
    mstonemstone Posts: 11,510member
    Personally I would prefer that Apple settle and license virtually every patent claim thus taking the high road. My feeling is that they would profit even more and minimize the critical media press commentaries therefore enhancing their public image and further solidifying their dominate position in mobile technology worldwide. That way they could pay the fees yet maintain their own IP. Perhaps it would add another $50 to the cost but that being subsidized would not make that much difference. When it was time to take another company to court over patents the competitor would have no counter position to argue from since Apple would have already licensed all relevant patents.

    I know that sounds a bit idealistic but I don't like seeing all of Apples private research and strategy information being made public.
  • Reply 9 of 179
    tallest skiltallest skil Posts: 43,399member


    Originally Posted by logandigges View Post

    Then we will quote House: House: What do you do when you win? Kids: Party! House: What do you do when you lose? Kids: Party harder!

    This is after he jumps off of the balcony of the Champagne, hooker and self pity infested hotel room after Cuddy dumps him near the end of season 7. He goes back on Vicodin and dumps his life upside down.


     


    In retrospect, thinking about that scene sounds like me leaving college. image


     


    Minus the drugs, alcohol, hookers, and hotel room. And partying. image

  • Reply 10 of 179

    Quote:

    Originally Posted by SolipsismX View Post





    And if they lose?


     


    Well, at least there will be vodka...

  • Reply 11 of 179


    I don't envy this jury. I have my own thoughts and opinions from having followed Apples innovation for the iPhone closely for years. To have all this crammed in 2 weeks must be mind boggling. I expect the jury to be hung.

  • Reply 12 of 179
    solipsismxsolipsismx Posts: 19,566member
    dmarcoot wrote: »
    I don't envy this jury. I have my own thoughts and opinions from having followed Apples innovation for the iPhone closely for years. To have all this crammed in 2 weeks must be mind boggling. I expect the jury to be hung.

    I don't think they'll be hung but I do agree that this had to be a stressful case. From their PoV I'd think it would switch to petty claims of "look and feel" to overly dry technical details.
  • Reply 13 of 179
    hill60hill60 Posts: 6,989member
    solipsismx wrote: »
    And if they lose?

    Pickled cabbage juice.
  • Reply 14 of 179


    Google’s Motorola Files New Patent Case Against Apple


    http://www.businessweek.com/news/2012-08-17/google-s-motorola-files-new-patent-case-against-apple-at-itc


     


    Whatever, Samsung is not the last one.


    Good Luck with that


    Apple is 'one and only' trouble maker in industry.


    World will be a better place if without Apple

  • Reply 15 of 179


    Originally Posted by 845032 View Post

    World will be a better place if without Apple


     


    Forum will be a better place if without liars… 

  • Reply 16 of 179
    chris_cachris_ca Posts: 2,543member

    Quote:

    Originally Posted by 845032 View Post


    World will be a better place if without Apple



    So you prefer DOS prompts and crappy cell devices?

  • Reply 17 of 179
    solipsismxsolipsismx Posts: 19,566member
    Forum will be a better place if without liars… 

    I'm not sure why he hasn't been banned.
  • Reply 18 of 179


    Originally Posted by SolipsismX View Post

    I'm not sure why he hasn't been banned.


     


    No behavior that breaks the rules.

  • Reply 19 of 179
    chris_cachris_ca Posts: 2,543member

    Quote:

    Originally Posted by Tallest Skil View Post


     


    Forum will be a better place if without liars… 



    Maybe he's simply a delusionist?

  • Reply 20 of 179


    Originally Posted by Chris_CA View Post

    Maybe he's simply a delusionist?


     


    Well, they say if you repeat a lie enough, that makes it true.


     


    "Samsung is innovative."


    "Samsung is innovative."


    "Samsung is innovative."


    "Samsung is innovative."


    "Samsung is innovative."


    "Samsung is innovative."


    "Samsung is innovative."


    "Samsung is innovative."


    "Samsung is innovative."


    "Samsung is innovative."


    "Samsung is innovative."


    "Samsung is innovative."


    "Samsung is innovative."


    "Samsung is innovative."


    "Samsung is innovative."

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