SAN JOSE -- The nine regular Joes and Janes of the San Jose jury in the Apple vs. Samsung patent infringement case have quite a task ahead of them when they arrive at work on 9am Wednesday morning.
They must consider a case that has expanded into more than 1,900 pages of legal filings and tens of exhibits including dozens of smartphones and tablets they will have available to examine. At the end of the day, they have to answer 33 highly specific and complex multipart questions on a 20 page verdict form.
To help them do that work, they have been given by Judge Lucy Koh 84 instructions that span another 109 page document. They include explanations of arcane legal concepts such as patent exhaustion and--ironically--obviousness.
Here's a look at what they will be looking at to do their duty. Just for fun, I'll start with the instruction on the legal term of obviousness.
Yes Rick, I would agree. I think the judge realizing the gravity of the case, was very methodical in her preparations both with how she organized the case, and the instructions to the jury to enable them to make a decision, probably to prevent its being overturned by higher courts.
Does anyone else find it odd that Apple seem to think that $450 million is a ridiculous amount to pay Samsung for infringement, yet does not bat an eyelid asking for $2500 million from Samsung for infringement?
10 years ago...
Steve Jobs, Bob Hope, and Jonny Cash!
Now we have:
No Jobs, No Hope & No Cash!.
This case makes my head hurt. I wish there was a way to punish both companies equally, and the lawyers as well, for wasting everyone's time on this. It's dumb. Apple has forever been stealing ideas, inventions, and design from other people. Now they are mad that someone thought their re-mixed ideas were good enough to steal. Samsung never would have bothered trying to enforce their patents if that had just been left alone. Embrace the remix.
Actually I think the case has been very carefully constructed to walk a jury through the issues they must decide, and I credit Judge Koh for a big piece of that work.
The jury can decide on each count whether Samsung does or does not infringe based on defenses presented such as invalidity due to prior art.
There actually was a survey Samsung did at Best Buy to investigate unusually high rates of return that suggested users were confused about whether or not Galaxy Tabs were iPads.
This was presented in court.
Apple is alleging infringement of three utility patents on user interface and two design patents on industrial design issues as well as infringement of registered and unregistered trade dress.
For the latter, buyer confusion called dilution is one of the legal criteria.