Feeds

Samsung slams Apple patent jury, wants new trial in US

South Koreans' filing blasts jurors for $1bn payout

The Power of One Brief: Top reasons to choose HP BladeSystem

Samsung wants a new patent trial with Apple in the US, claiming the jury couldn't and shouldn't have come to its $1.05bn verdict for its iPhone-maker rival.

The South Korean firm's filing with the court is partially redacted, but the section that's been blacked out is likely to claim jury misconduct, as previous cases cited to back it up are ones where jury misconduct prompted a new trial.

In the cited cases, the jury misconduct comes in various forms – such as they were biased going into the courtroom among other reasons.

The filing also says that Samsung's arguments are likely to "subject all of the jurors to extra-judicial scrutiny and public criticism which they may find unwelcome and intrusive", another hint that misconduct is lurking under the blacked-out pages.

The Apple v Samsung case was so widely reported that there's plenty of scope for Samsung to argue that the jurors were biased or that they brought information from media reports into their deliberations that they didn't get from the trial itself.

There's also the outspoken foreman of the jury and patent-holder Velvin Hogan, whose statements since the trial appear to suggest that he used his own patent experiences to help the other jurors.

Samsung attached a portion of the jury selection process in which Hogan promises he can set aside his own understanding of patents and only use the judge's interpretation of the law and her instructions. But after the trial, Hogan and other jurors who gave interviews said that his experience helped them come to their decision. Juror Manuel Ilagan told CNET that Hogan used his patent expertise:

"He owned patents himself...so he took us through his experience. After that it was easier," he said.

Meanwhile, Hogan himself told Bloomberg TV the same thing.

"Some were not sure of how prior art could either render a patent acceptable or whether it could invalidate it... (I) laid it out for them," he said.

Aside from claims of misconduct, the unredacted portion of Samsung's filing argues that "no reasonable jury" could have come to the verdict it did based on the evidence presented and that neither side had enough time to put forward a full case.

Much was made of Judge Lucy Koh's time allotments on both sides, which each received 25 hours each of trial time including time allotted for cross-examining the other side's witnesses. Both Apple and Samsung did their best to try to sneak in extra stuff, but Koh held them to the timetable.

Samsung also pointed out problems in the quickly reached verdict, including what it saw as an unclear process by which the court ascertained the damages figure, as well as inconsistent findings.

"A new trial is also necessary due to inconsistencies in the jury's verdict on the '915 patent. The jury found that the Ace, Intercept, and Replenish devices do not infringe the '915 patent but the remainder of the accused devices do," the filing explained.

"These verdicts are irreconcilably inconsistent, for the Ace, Intercept and Replenish exhibit the same behaviour as devices found to infringe, including the Droid Charge, Indulge, Epic 4G, Infuse 4G, Transform and Prevail.

"The same Android version found in the non-infringing Ace (Android 2.2.1) and the Intercept and Replenish (Android 2.22) are found in these other devices which the jury found to be infringing." ®

Designing a Defense for Mobile Applications

More from The Register

next story
Adam Afriyie MP: Smart meters are NOT so smart
Mega-costly gas 'n' 'leccy totting-up tech not worth it - Tory MP
Just TWO climate committee MPs contradict IPCC: The two with SCIENCE degrees
'Greenhouse effect is real, but as for the rest of it ...'
'Blow it up': Plods pop round for chat with Commonwealth Games tweeter
You'd better not be talking about the council's housing plans
Arrr: Freetard-bothering Digital Economy Act tied up, thrown in the hold
Ministry of Fun confirms: Yes, we're busy doing nothing
ONE EMAIL costs mining company $300 MEEELION
Environmental activist walks free after hoax sent share price over a cliff
Help yourself to anyone's photos FOR FREE, suggests UK.gov
Copyright law reforms will keep m'learned friends busy
Apple smacked with privacy sueball over Location Services
Class action launched on behalf of 100 million iPhone owners
UK government officially adopts Open Document Format
Microsoft insurgency fails, earns snarky remark from UK digital services head
prev story

Whitepapers

Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Consolidation: The Foundation for IT Business Transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.
Application security programs and practises
Follow a few strategies and your organization can gain the full benefits of open source and the cloud without compromising the security of your applications.
How modern custom applications can spur business growth
Learn how to create, deploy and manage custom applications without consuming or expanding the need for scarce, expensive IT resources.
Securing Web Applications Made Simple and Scalable
Learn how automated security testing can provide a simple and scalable way to protect your web applications.