Samsung requests new Apple trial on claims of jury misconduct

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  • Reply 21 of 49
    neo42neo42 Posts: 287member

    Quote:

    Originally Posted by anantksundaram View Post



    A desperate company represented by desperate lawyers covering their desperate a****.


     


    Even the die hard Apple apologists know deep down inside that the jury was unfairly swayed by Hogan.  The sooner you realize this problem, the easier it will be to swallow.

  • Reply 22 of 49
    From a legal standpoint Samsung may have a good argument, if in fact jurors did ignore the judges instructions and relied on evidence not provided during the trial to reach their decision then a new trial would be in order. It would also put to rest the case once and for all. If Apple could win this round, what's to say they wouldn't win the next round! Let the games begin.
  • Reply 23 of 49
    Can we expect a jury made from a bunch of 18 year olds with zero life experience to decide cases? This jury passed the screening of plaintive and defendant.
  • Reply 24 of 49


    Originally Posted by AppleInsider View Post

    Samsung requests new Apple trial on claims of jury misconduct


     


    Wait, is this the first thought Samsung has ever had that wasn't copied from someone else? Apple hasn't ever claimed misconduct before… 

  • Reply 25 of 49


    LMAO.


     


    Sammy and Apple were *both* involved in jury selection. Sammy didn't get the result they wanted, so they blame the jury for doing exactly what was asked of them. There was no misconduct. Samsung's claim doesn't fall under misconduct. Procedurally, the jury acted as they were required. 


     


    Sammy's such a glutton for punishment. 

  • Reply 26 of 49
    jragostajragosta Posts: 10,473member
    raptoroo7 wrote: »
    From a legal standpoint Samsung may have a good argument, if in fact jurors did ignore the judges instructions and relied on evidence not provided during the trial to reach their decision then a new trial would be in order. It would also put to rest the case once and for all. If Apple could win this round, what's to say they wouldn't win the next round! Let the games begin.

    First of all, there's no evidence that they ignored the judge's instructions and/or reached their decision on the basis of evidence not presented at trial. There are suspicions, but nothing more.

    Second, Samsung's efforts at jury tampering (releasing information to the press that the court specifically disallowed) should bar them from making this claim even if there were evidence.

    Finally, Samsung would have to show that not only did the jury ignore the judge's instructions, but that it was material - that is, that the decision would have been different otherwise. Given the jury's very rapid decision that Samsung was guilty, that would be difficult to do.

    It is extremely difficult to get a new trial because you don't like the way the jury decided or because one juror used some of his own personal experience in the decision. They're SUPPOSED to think for themselves. It is very unlikely that this will go anywhere.
  • Reply 27 of 49

    Quote:

    Originally Posted by Suddenly Newton View Post


     


    Samsung's lawyers do a lot of stupid things, as evidenced by the "its just rectanglez" arguments they based their losing defense around. Every motion they file is a Hail Mary play.





    Well, some of their motions have worked.


     


    What did you expect - that Samsung would sign a check without fighting this? Would you?

  • Reply 28 of 49

    Quote:

    Originally Posted by sflocal View Post


    Isn't this the same jury that Samsung had a hand in selecting?  Am I missing something?



    Did Samsung's attorneys screw up AGAIN??!!



     


     


    Quote:

    Originally Posted by dcolley View Post


    Samsung's dummy lawyers picked the jury what makes them think that they can do a better job the next time. Maybe they should hire some "C" players.



     


     


    Quote:

    Originally Posted by Quadra 610 View Post


    LMAO.


     


    Sammy and Apple were *both* involved in jury selection. Sammy didn't get the result they wanted, so they blame the jury for doing exactly what was asked of them. There was no misconduct. Samsung's claim doesn't fall under misconduct. Procedurally, the jury acted as they were required. 


     


    Sammy's such a glutton for punishment. 



     


     


    Jury selection is not jury rigging. The most judicious selection of jurors cannot foresee or prevent misconduct, because jury misconduct often results from misunderstanding rather than malice? If Apple had lost, they too might also have considered asking for a new trial based on jury misconduct, because that's what lawyers should always consider. Odds may be against Samsung getting its way but would any company simply sign a billion dollar check without a fight?


     


    Samsung seriously erred in judgement in emulating Apple design. Their legal defense, looking from outside, seemed weak (but frankly I didn't think Apple lawyers presented the best possible case either). However, asking for a new trial is necessary tactic, even if the odds are not on their side. It's silly, pointless and uninformed to expect anything else, or to mock them for trying.

  • Reply 29 of 49
    john.bjohn.b Posts: 2,742member


    This is nothing more than a legal maneuver to try to get public sympathy for "poor innocent Samsung" from that "big mean Apple".  No different than when their legal team leaked documents to the press during the trial, after the judge explicitly forbade it.


     


    But, hey, it's all billable hours, that's the important thing, right?

  • Reply 30 of 49

    Quote:

    Originally Posted by John.B View Post


    This is nothing more than a legal maneuver to try to get public sympathy for "poor innocent Samsung" from that "big mean Apple".  No different than when their legal team leaked documents to the press during the trial, after the judge explicitly forbade it.


     


    But, hey, it's all billable hours, that's the important thing, right?





    It's a legal maneuver indeed but not to get public sympathy. They don't want to pay. It's that simple. Why can't anyone here understand that? How many companies would roll over and sign a billion dollar check and stop shipping their products without fighting to the last legal maneuver?

  • Reply 31 of 49
    john.bjohn.b Posts: 2,742member

    Quote:

    Originally Posted by Harbinger View Post




    It's a legal maneuver indeed but not to get public sympathy. They don't want to pay. It's that simple. Why can't anyone here understand that? How many companies would roll over and sign a billion dollar check and stop shipping their products without fighting to the last legal maneuver?



     


    Companies?  I think the word you're looking for is chaebol.

  • Reply 32 of 49

    Quote:

    Originally Posted by John.B View Post


     


    Companies?  I think the word you're looking for is chaebol.





    That's irrelevant. Would Microsoft, Apple, Google, Oracle, GE, Nokia, ... pay up if they lost a similar case with a similar penalty?

  • Reply 33 of 49

    Quote:

    Originally Posted by Harbinger View Post




    It's a legal maneuver indeed but not to get public sympathy. They don't want to pay. It's that simple. Why can't anyone here understand that? How many companies would roll over and sign a billion dollar check and stop shipping their products without fighting to the last legal maneuver?



     


    Hey Captain Obvious, you make yourself look intellectually stunted [real small] by prefacing your comment with, ``Why can't anyone understand that?'' because we actually all ``understand it.''


     


    The point of my comment was to place your bets. Trial or No Trial.

  • Reply 34 of 49


    As further punishment, Samsung should be forced to make a movie as embarrassing, pathetic, and detrimental to the message it intends to send as this one:


     


    image

  • Reply 35 of 49
    john.bjohn.b Posts: 2,742member

    Quote:

    Originally Posted by Tallest Skil View Post


    As further punishment, Samsung should be forced to make a movie as embarrassing, pathetic, and detrimental to the message it intends to send as this one:


     



     


    They're making fracking *music* *videos* at RIM!?!  Is that why BB10 is so late?!?


     


    (Personally, I think they should've done "You're So Vain" instead...)

  • Reply 36 of 49
    john.b wrote: »
    They're making fracking *music* *videos* at RIM!?!  Is that why BB10 is so late?!?

    (Personally, I think they should've done "You're So Vain" instead...)

    It's really sad. Have these waste of time and effort ever bode well for a company, including Apple?
  • Reply 37 of 49
    quinneyquinney Posts: 2,528member

    Quote:

    Originally Posted by Tallest Skil View Post


    As further punishment, Samsung should be forced to make a movie as embarrassing, pathetic, and detrimental to the message it intends to send as this one:


     


    image



    The charisma is overwhelming.

  • Reply 38 of 49

    Quote:

    Originally Posted by mdriftmeyer View Post


     


    Hey Captain Obvious, you make yourself look intellectually stunted [real small] by prefacing your comment with, ``Why can't anyone understand that?'' because we actually all ``understand it.''


     


    The point of my comment was to place your bets. Trial or No Trial.





    Did I comment on your comment? I don't think so. And I most certainly do not believe *all* understand it. Somehow, I don't think you believe that either.


     


    Call me stupid, but I actually believe my level of intellect is not affected by how it appears to you. Sorry to learn that you need to include such meaningful invective to add weight to your "bet", particularly since I wasn't addressing you. How might your intellect appear when you have to be so defensive, eh? But remember, appearance matters not :)


     


    BTW, "stunted" ? "really small"

  • Reply 39 of 49
    harbinger wrote: »

    Well, some of their motions have worked.

    What did you expect - that Samsung would sign a check without fighting this? Would you?

    Lawyers are paid to fight, but I won't praise them for their tactics.
  • Reply 40 of 49


    A new trial awaits and the real verdict will be issued. :D

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