Quote:
Originally Posted by afv011
Please read what I said. I said that I do not know whether it is the basis for mistrial (which means I do not presume to know the law), but that misleading the jury with false information (i.e., telling them that prior art does not apply because it does not run on the same hardware) is wrong. You might think that misleading the jury is fair game, and good for you, but it's not my opinion. The fact that, in my opinion, is wrong does not mean that it is against the law, or any basis for mistrial.
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I have no thoughts that misleading anyone is good form but I thought we were discussing law and a case, not you putting words in my mouth (and I obviously made a mistake in believing your words as clearly written)... a case where the judge has found that there are no grounds for a retrial concerning whatever the jury foreman did... all the rest of it is based on he said/ she said, whatever... the relevant thing is that the judge is satisfied and that's basically that unless a higher court rules otherwise...