Reshared post from +Jim Fawcette
Jury Forman Decisions Questioned in Apple-Samsung Case
Outside lawyers predict this case will go to the US Supreme Court
Fortunately, some jurors in the Apple-Samsung case are talking so we can get some insight into their thinking, and legal experts are raising serious questions we didn't read about in the wave of early press.
For example, the foreman said he wanted to punish Samsung for copying Apple Inc's designs. That means the foreman either didn't read the jury instructions, or decided to ignore them. The jurors' instructions twice tell them that only real damages can be awarded and money is not to be used to punish the company sued.
A second juror says that there was a heated discussion about prior art, until the jury foreman essentially told them he was an expert because he was an engineer that held a patent, and that Samsung had infringed. The the debate on prior art was cut off.
Also, the jury's judgment is full of odd contradictions and errors. Awards were given to Apple Inc. for products that were not found in violation, and even adjusting for those items, the money awarded doesn't add up properly.
Finally, the jury found that the Galaxy Tab, a device that looks quite similar to an iPad, was found to not infringe, even though the Epic 4G, a phone with a slide-out keyboard, curved top and bottom, different camera placement, different button and speaker placement, does infringe on Apple patents.
I'm sympathetic with the plight of the jurors. Gawklaw noted that it took a lawyer three days to understand the jury instructions. Yet the jury reached a decision on the case in only three days.
Groklaw – Jury in Apple v. Samsung Goofed, Damages Reduced — Uh Oh. What’s Wrong With this Picture? ~pj Updated 4Xs
Jury in Apple v. Samsung Goofed, Damages Reduced — Uh Oh. What’s Wrong With this Picture? ~pj Updated 4Xs. Saturday, August 25 2012 @ 11:30 AM EDT. Late in the process yesterday at the Apple v. Samsu…
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