Feeds

Samsung slams Apple patent jury, wants new trial in US

South Koreans' filing blasts jurors for $1bn payout

High performance access to file storage

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." ®

3 Big data security analytics techniques

More from The Register

next story
Did a date calculation bug just cost hard-up Co-op Bank £110m?
And just when Brit banking org needs £400m to stay afloat
One year on: diplomatic fail as Chinese APT gangs get back to work
Mandiant says past 12 months shows Beijing won't call off its hackers
Whoever you vote for, Google gets in
Report uncovers giant octopus squid of lobbying influence
Lavabit loses contempt of court appeal over protecting Snowden, customers
Judges rule complaints about government power are too little, too late
MtGox chief Karpelès refuses to come to US for g-men's grilling
Bitcoin baron says he needs another lawyer for FinCEN chat
Don't let no-hire pact suit witnesses call Steve Jobs a bullyboy, plead Apple and Google
'Irrelevant' character evidence should be excluded – lawyers
EFF: Feds plan to put 52 MILLION FACES into recognition database
System would identify faces as part of biometrics collection
Putin tells Snowden: Russia conducts no US-style mass surveillance
Gov't is too broke for that, Russian prez says
Ex-Tony Blair adviser is new top boss at UK spy-hive GCHQ
Robert Hannigan to replace Sir Iain Lobban in the autumn
Alphadex fires back at British Gas with overcharging allegation
Brit colo outfit says it paid for 347KVA, has been charged for 1940KVA
prev story

Whitepapers

Top three mobile application threats
Learn about three of the top mobile application security threats facing businesses today and recommendations on how to mitigate the risk.
Combat fraud and increase customer satisfaction
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Five 3D headsets to be won!
We were so impressed by the Durovis Dive headset we’ve asked the company to give some away to Reg readers.
SANS - Survey on application security programs
In this whitepaper learn about the state of application security programs and practices of 488 surveyed respondents, and discover how mature and effective these programs are.