Jury likely to decide Apple and Samsung case as parties fail to narrow dispute
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's proposed jury instruction chart. | Source: Apple v. Samsung court documents
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.
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's proposed jury instruction chart. | Source: Apple v. Samsung court documents
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.
Comments
And if they lose?
Perhaps some Sam Adams would be in order if they lose?
Originally Posted by SolipsismX
And if they lose?
Appeal party.
We'll buy some bananas.
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.
Or that
Quote:
Originally Posted by SolipsismX
And if they lose?
Appeal?
I know that sounds a bit idealistic but I don't like seeing all of Apples private research and strategy information being made public.
Originally Posted by logandigges
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.
Minus the drugs, alcohol, hookers, and hotel room. And partying.
Quote:
Originally Posted by SolipsismX
And if they lose?
Well, at least there will be vodka...
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.
Pickled cabbage juice.
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
Originally Posted by 845032
World will be a better place if without Apple
Forum will be a better place if without liars…
Quote:
Originally Posted by 845032
World will be a better place if without Apple
So you prefer DOS prompts and crappy cell devices?
I'm not sure why he hasn't been banned.
Originally Posted by SolipsismX
I'm not sure why he hasn't been banned.
No behavior that breaks the rules.
Quote:
Originally Posted by Tallest Skil
Forum will be a better place if without liars…
Maybe he's simply a delusionist?
Originally Posted by Chris_CA
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."