Selasa, 25 September 2012

Samsung Moves to Reset Apple Patent War, Invokes Jury Misconduct


For a jury's verdict after a trial to be rendered invalid doesn't usually happen, but it isn't actually unheard of either, which no doubt had a bearing on Samsung's latest move.

The short version of the story is that Samsung has chosen to try and have the jury's decision canceled in its patent war with Apple, the one being overseen by the San Jose, California court, on the grounds of jury misconduct.

The longer explanation has to do with precedents, interviews, revelations on the part of the jury foreman, and Samsung's total disapproval of the one-sided decision that basically pronounced Apple as being fully in the right and awarded it a billion in damages on top of it all.

Samsung is citing two 9th U.S. Circuit of Appeals cases involving juror misconduct. One of them is precisely the sort, it claims, happened here: the jury was found to have improperly relied on information not presented during the trial.

It should be noted that the matter of juror objectiveness was raised during the trial, though only in the first day, when one member said he'd seen the headline of one news article having to do with the lawsuit.

Judge Lucy Koh instructed them to stay away from such things, but it seems something else slipped through the cracks, or so Samsung believes.

Juror Velvin Hogan, the foreman, is a video recorder patent holder, but he said he would apply the law as instructed, not based on his understanding of the law based on his own cases.

This seems to clash with the words of juror Manuel Ilagan, who said that Hogan still called upon that understanding. “He had experience. He owned patents himself...so he took us through his experience. After that it was easier,” Illigan said.

Interestingly enough, Hogan participated in a live interview with the users of Gizmodo website and didn't precisely come out on top.

Via: Samsung Moves to Reset Apple Patent War, Invokes Jury Misconduct

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