Jury selected for second California Apple v. Samsung patent trial, Apple's Schiller first to testify

Posted:
in General Discussion edited April 2014
After a day-long selection process, the jury for Apple's second California patent trial against Samsung has been decided and proceedings are set to kick off on Tuesday with Apple's first witness: the company's SVP of Worldwide Marketing Phil Schiller.


Slide from first Apple v. Samsung jury trial. | Source: U.S. Northern California District Court

According to in-court reports from Re/code, the jury consists of six women and two men who were vetted by counsel for both parties. Among the jurors are iPhone owners and employees of various tech companies.

Tweets from other reporters on the scene note potential jurors dismissed from the final panel included AAPL stockholders and owners of various devices (both Apple and Samsung). One juror claimed not to know what an iPad was, while another did not own a cellphone.

Although more than a few prospective jurors had feelings or were somehow affected by Apple or Samsung's products, almost none showed interest in the U.S. patent system. More importantly, the final set does not include members with significant experience with patents, something that played against Samsung's favor in the first trial with a jury foreman who owned multiple properties.

Google and its Android operating system are thought to play a more prominent role in the second Apple v. Samsung skirmish. To that point, Samsung attorney Bill Price asked at least one person if they harbored any negative feelings against the Internet search giant.

As for the first witness to be called to the stand, Apple counsel Harold McIlhenny said the Cupertino, Calif., company's SVP of Worldwide Marketing Phil Schiller will be first at bat when testimony begins. If all goes to plan, Schiller will take the stand on Tuesday.

Prior to the upcoming trial, the marketing guru played a key role in post-trial proceedings of the first Apple v. Samsung jury trial, which saw the two companies battle over $400 million worth of vacated damages. Apple won the retrial and was awarded $290 million in November.

It was previously reported that Schiller would reprise his role in court to testify on a wide range of topics, including "design, development, promotion, marketing, advertising, consumer demand for, and sales of the iPhone." Schiller is on both parties' witness lists.

Opening arguments for Apple v. Samsung trial begin tomorrow at 9 a.m. Pacific.

Comments

  • Reply 1 of 10
    So is the former IBM employee going to be the one Samsung and their legion of fans vilify for "helping" the jury to understand patents? Who will Samsung "knowingly" leave on the jury as an excuse for a possible mistrial?
  • Reply 2 of 10
    So is the former IBM employee going to be the one Samsung and their legion of fans vilify for "helping" the jury to understand patents? Who will Samsung "knowingly" leave on the jury as an excuse for a possible mistrial?

    LOL. Hard to imagine that jury consultants haven't been involved on both sides.
  • Reply 3 of 10

    Jury consultants, money well spent.

  • Reply 4 of 10
    Jury and judge paid for, you know how it's going to turn out already.
  • Reply 5 of 10
    lightknightlightknight Posts: 2,312member
    What a broken system where companies get to choose who is an adequate jury. Feels like W40K, deployment phase...

    Also, the jury who spent valuable months jurying for trial 1 must feel they lost a bit of their life for no reason, with another trial going on..
  • Reply 6 of 10
    tallest skiltallest skil Posts: 43,388member
    Originally Posted by lightknight View Post

    Feels like W40K, deployment phase...

     

    At this point, I would be all for some righteous smiting of heresy. A lot of it, in fact.

  • Reply 7 of 10
    singularitysingularity Posts: 1,328member
    What a broken system where companies get to choose who is an adequate jury. Feels like W40K, deployment phase...

    Also, the jury who spent valuable months jurying for trial 1 must feel they lost a bit of their life for no reason, with another trial going on..
    So uoid have been happy if the intial jury had been all employees of samsung?
    Both sides are allowed to challenge prospective jurors to ensure you dont have a prebiased group.
    In reality both sides try to get rid of anyone they think might favour the other side and keep those they think favour them.
  • Reply 8 of 10
    maestro64maestro64 Posts: 5,043member
    The fact the lawyer asked this questions show that people are starting to realize Google may not be a good thing.

    [quote]Bill Price asked at least one person if they harbored any negative feelings against the Internet search giant.[/quote]
  • Reply 9 of 10
    lightknightlightknight Posts: 2,312member
    Quote:

    Originally Posted by singularity View Post





    So uoid have been happy if the intial jury had been all employees of samsung?

    Both sides are allowed to challenge prospective jurors to ensure you dont have a prebiased group.

    In reality both sides try to get rid of anyone they think might favour the other side and keep those they think favour them.

    I understand your point, of course, but I believe this elimination of biased people should be part of the court system itself, not of the lawyering, precisely because of the "in reality" element, which means that the richest guy, who can run the most background checks and influence juries the most, ends up a favorite.

  • Reply 10 of 10
    dasanman69dasanman69 Posts: 13,002member
    What a broken system where companies get to choose who is an adequate jury. Feels like W40K, deployment phase...

    Also, the jury who spent valuable months jurying for trial 1 must feel they lost a bit of their life for no reason, with another trial going on..

    Juries are vetted for every lawsuit.
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