Did the Apple vs. Samsung Jury Fail to Properly Do Their Job?

[afv011]

Originally Posted by Daithi

A similar patent battle between Samsung and Apple is occurring in Japan. However, in this case, the judge ruled that Samsung was not in violation of Apple patents. Similarly, a patent lawsuit in South Korea was dismissed -- although the "bounce back" feature when you get to the end of a scrolling screen was deemed a violation.

Likewise in the UK Samsung was cleared of copying, to the point that Apple was asked by the judge to say so on their website, though they got a stay on that.

[Fluribus]

The jurors seem to have assumed that the foreman was an expert and gave his opinions undue weight. Another impression is that the jury didn't pay much attention to the instructions after the judge read them out.

I was on a jury at a simple trial. The entire thing lasted less than one day. The instructions were short. We had to go back into the courtroom to have the judge clarify the instructions. There were still some jurors who didn't understand the instructions after the clarification. I wonder how many of those jurors voted with the majority because they didn't want to come back the next day.

[kennyc]

Originally Posted by Fluribus

The jurors seem to have assumed that the foreman was an expert and gave his opinions undue weight. Another impression is that the jury didn't pay much attention to the instructions after the judge read them out.

I was on a jury at a simple trial. The entire thing lasted less than one day. The instructions were short. We had to go back into the courtroom to have the judge clarify the instructions. There were still some jurors who didn't understand the instructions after the clarification. I wonder how many of those jurors voted with the majority because they didn't want to come back the next day.

As I said in the beginning of this thread, I think they just wanted out for the weekend thus rushed the verdict through. ...

[Dave_S]

Originally Posted by kennyc

As I said in the beginning of this thread, I think they just wanted out for the weekend thus rushed the verdict through. ...

The billion dollars was their own money, so why not?

[heySkippy]

Originally Posted by kennyc

As I said in the beginning of this thread, I think they just wanted out for the weekend thus rushed the verdict through. ...

Lucky thing they got it right, then.

[kennyc]

Guess the appeal will determine that. Apple's reputation is already tarnished by the whole affair.

[JD Gumby]

Originally Posted by kennyc

Guess the appeal will determine that. Apple's reputation is already tarnished by the whole affair.

Not with the general public it hasn't. Sadly.

[mrscoach]

Originally Posted by JD Gumby

Not with the general public it hasn't. Sadly.

SOME in the general public have changed their minds. My son, who is in college, has a friend that was firmly entrenched in the Apple ecosystem. He was so turned off by the whole suit that he started looking into everything and has told my son that he is selling his iPad and laptop (which my son doesn't know why he has because he doesn't know how to work one) and is getting something else. He has said he would get rid of his iPhone if he could afford to, but that's not exactly feasible at the moment. Once his contract is up he is switching to somthing else.

My son has compared Apple to PCs for several and his statement to them is always "if you don't work with graphics, then you don't need an apple". He admits that is the one area Apple really excels in their computers, but he hates the iPad, too many people have gotten it thinking it will do everything their computer did, then whine to him to 'fix it' because he is a computer sci major.

[StephenM]

Originally Posted by ScotiaBurrell

Can shop owner copy someone elses design of a stunning one of a kind evening gown, put his own label on the inside and say 'it's my own design! the label is different!' ?

Or a watch?

I would call it unfair, even if it's legal. Same thing with phone exteriors past a generic point.

Actually, at least in the US, fashion designs are not even covered by copyright. I can take any current dress design, and copy it freely, as long as I do not try to claim it is made by some other famous fashion designer. As long as my own label in inside it, it is perfectly legal.

[ScotiaBurrell]

Originally Posted by afv011

Likewise in the UK Samsung was cleared of copying, to the point that Apple was asked by the judge to say so on their website, though they got a stay on that.

Unless it is a clean sweep, it is a win for Apple. Forcing Samsung to make changes in any one region means that they have to go back and customize for that region. Eventually it will become a headache and they'll start designing not to infringe anywhere...which is Apples goal.

[ScotiaBurrell]

Originally Posted by kennyc

Guess the appeal will determine that.

I think damage is done.

No one else wants this fight with apple. They will not copy so freely again.

Apple's reputation is already tarnished by the whole affair.

We will see next quartly financial release how people feel.

[kennyc]

Originally Posted by ScotiaBurrell

I think damage is done.

No one else wants this fight with apple. They will not copy so freely again.



We will see next quartly financial release how people feel.

Uh wrong. The appeal will determine. Apple is the one out of line here and yes the damage is done, to its reputation, regardless of whether the infringement is upheld or not, which has not been in other countries.

It will bite them in the ass, mark my words.

They are already becoming know as the company that litigates instead of innovates. They stole everything they have built so far it will all be clear the further the push this stupid patent and blocking instead of competing tactic. Sell your stock now before it's too late!

[ScotiaBurrell]

Originally Posted by kennyc

Uh wrong. The appeal will determine. Apple is the one out of line here and yes the damage is done, to its reputation, regardless of whether the infringement is upheld or not, which has not been in other countries.

Some infringement in other countries too. You think Apple sales will dip because of this? Unlikely. Android growing faster because of cheapness in bad economy, but Apple still growing too.

I think it is more likely Samsung starts/continues designing so it cannot be sued.

[kennyc]

Think whatever you want. But to the point of this thread the jury did not do its job and the appeal will change the result.

[ScotiaBurrell]

Originally Posted by kennyc

the appeal will change the result.

I actually think it is a very good chance something is found wrong. Very common in complex court cases. But appeals judges will have case re-tried, not enter summary judgement against Apple.

And Samsung will again find themselves in an american court defending themselves.

They don't want it -- HTC doesn't want it -- they will just learn to design their own designs. Their press release said just that.