decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books
Your contributions keep Groklaw going.
To donate to Groklaw 2.0:

Groklaw Gear

Click here to send an email to the editor of this weblog.


Contact PJ

Click here to email PJ. You won't find me on Facebook Donate Paypal


User Functions

Username:

Password:

Don't have an account yet? Sign up as a New User

No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
Jurors in Apple v. Samsung Opt to Work an Extra Hour ~pj Updated 3Xs
Thursday, August 23 2012 @ 03:54 PM EDT

There's a notice on the docket from the court clerk in Apple v. Samsung:
Docket Text: CLERKS NOTICE RE STATUS OF JURY DELIBERATIONS. The Jury has indicated they will deliberate until 5:30 p.m. today. ***This is a text only docket entry, there is no document associated with this notice.*** (mpb, COURT STAFF) (Filed on 8/23/2012)
Your guess is as good as mine, which is to say not good at all. It could mean, though, that the lawyers will hover a bit more closely, just in case it means the jurors think they can finish by today or by the weekend if they just push a little harder. Or, it's possible they looked at the jury instructions and realized this is a job for Superman, and they'd best give it all they've got. Jurors tend to take their work seriously, and they realize, I'm sure, after the closing statements by both sides' lawyers that this case matters.

Update: Alastair Gale just tweeted:
@AlastairGale
Seoul court tells us there'll be a verdict in the local Apple vs Samsung case tomorrow at 11am. #Apple #Samsung
By local, he means South Korea. It's a much smaller case, in terms of damages, according to Android Authority, Apple asking for about $90,000 in damages:
While most of the attention is going to the high-profile case in California, the South Korean media recently anticipated a ruling in their own country over the patent infringement lawsuit, only to discover that the court had decided to hold off announcing the verdict for “procedural reasons.”...

The actual financial damages at stake in the Korean case are relatively small, at about $90,000 versus the $2.5 billion asked for in the U.S. case. The true impact from losing this in Samsung’s own home country has more to do with their reputation than financials, which is arguably just as important as any amount of money at stake.

So, tomorrow on that one.

But these are only two out of many lawsuits between these two companies all over the world. What an incredible amount of money is being spent on this war. Apple wants to own the *world* market, not just the US? So nobody anywhere can make a tablet with a rectangular shape and rounded corners?

It's painful to watch. And to take on so much risk, as Apple's latest 10Q states:

The Company is subject to the various legal proceedings and claims discussed below as well as certain other legal proceedings and claims that have not been fully resolved and that have arisen in the ordinary course of business. In the opinion of management, there was not at least a reasonable possibility the Company may have incurred a material loss, or a material loss in excess of a recorded accrual, with respect to loss contingencies. However, the outcome of legal proceedings and claims brought against the Company are subject to significant uncertainty. Therefore, although management considers the likelihood of such an outcome to be remote, if one or more of these legal matters were resolved against the Company in a reporting period for amounts in excess of management’s expectations, the Company’s consolidated financial statements for that reporting period could be materially adversely affected.
Update 2: CNET's Josh Lowensohn has this guess from "another legal professional":
For its part, the jury today is going into overtime. In a note this morning, the group said they'd be deliberating until 5:30 p.m. versus the usual 4:30 p.m. end of day. That move could suggest that they're getting close, according to another legal professional who preferred not to be named.

"It's getting towards the end of the week, and they don't want to have to worry about this over the weekend," this person said.

Update 3: Howard Mintz of Mercury News just tweeted:
‏@hmintz
Apple v. Samsung jury has left for the day
So, tomorrow, then, they'll try again.

  


Jurors in Apple v. Samsung Opt to Work an Extra Hour ~pj Updated 3Xs | 151 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Jurors in Apple v. Samsung Opt to Work an Extra Hour ~pj
Authored by: Anonymous on Thursday, August 23 2012 @ 04:14 PM EDT
In the "your guess" category: I think that the jury thinks they will
be able to be done by Friday. Of course, even if that is what they are thinking,
there is no guarantee it will actually happen.

[ Reply to This | # ]

jury stuck on a table with rounded corners?
Authored by: Anonymous on Thursday, August 23 2012 @ 04:16 PM EDT
n/t

[ Reply to This | # ]

Jurors in Apple v. Samsung Opt to Work an Extra Hour ~pj
Authored by: Anonymous on Thursday, August 23 2012 @ 04:16 PM EDT
Hopefully, this will turn out to be a good surprise for us. Though I'm not
optimistic about this one enough to expect anything good.

[ Reply to This | # ]

corrections thread
Authored by: designerfx on Thursday, August 23 2012 @ 04:32 PM EDT
post corrections here please.

[ Reply to This | # ]

off topic thread
Authored by: designerfx on Thursday, August 23 2012 @ 04:40 PM EDT
off topic comments here, please.

[ Reply to This | # ]

Jurors in Apple v. Samsung Opt to Work an Extra Hour ~pj
Authored by: eric76 on Thursday, August 23 2012 @ 04:43 PM EDT
If everyone on the jury was like me, the court would have a real problem. I
hate forms. Give me a form that complicated and I either find someone else to
fill it out or I tear it up.

For a couple of years in the late 1970s, I started on several occasions to apply
for the Peace Corps. In every case, I'd get about half way through the
application form and get so tired of filling it out that I'd tear it up and
throw it away. About a month later I'd go over to the office on campus where
they had the Peace Corps application forms, pick out another one, and start
filling it out.

If I was on the jury, the extra hour would likely be for the sole purpose of
tearing up the jury instructions into little bitty pieces.

[ Reply to This | # ]

Jurors in Apple v. Samsung Opt to Work an Extra Hour ~pj
Authored by: Anonymous on Thursday, August 23 2012 @ 05:36 PM EDT
What happens if there is a hung jury?

If for example there is one Apple fanboy and one Apple hater on the jury then a
unanimous verdict may be impossible. Can the judge accept a majority verdict or
does the judge have to declare a mistrial and reschedule the trial for a new
hearing?

[ Reply to This | # ]

Korea expects Friday
Authored by: Anonymous on Thursday, August 23 2012 @ 07:15 PM EDT
On Saturday, Korean time, a jury of nine Silicon Valley residents is expected to deliver a final verdict in the U.S. case, followed by Koh's sentence, which could be a landmark decision in the patent dispute.
Korea Times

[ Reply to This | # ]

11am in Seoul tomorrow is 10pm in New York tonight
Authored by: Anonymous on Thursday, August 23 2012 @ 07:21 PM EDT
If the reported local time is correct, we'll have a Korean verdict tonight New
York time. Seoul is 13 hours ahead of New York this time of year, if I'm not
mistaken.

[ Reply to This | # ]

Traffic?
Authored by: SpaceLifeForm on Thursday, August 23 2012 @ 07:55 PM EDT
If you are going to stay until 4:30pm,
why not stay another hour instead of sitting
in the heavy traffic?

Not that it will be a whole lot better.


---

You are being MICROattacked, from various angles, in a SOFT manner.

[ Reply to This | # ]

  • Traffic? - Authored by: Anonymous on Friday, August 24 2012 @ 03:12 AM EDT
  • Traffic? - Authored by: Anonymous on Friday, August 24 2012 @ 01:22 PM EDT
    • Traffic? - Authored by: Wol on Friday, August 24 2012 @ 03:34 PM EDT
Fast Determination
Authored by: Anonymous on Thursday, August 23 2012 @ 08:00 PM EDT

The way things seem to have been slanted, I suspect a fast jury determination is expected. Especially given a 109 page list of instructions. I suspect one of the best things we could see is that, the foreigners are guilty and owe 38 Trillion in damages. The appellate court won't see a problem, and it will go to the supremes who might see a problem. The supremes decide there is no problem, and the rest of the world then refuses to do business with the USA. The supremes decide there is a problem, and maybe the IP nonsense in the USA gets a little better.

Any improvement is going to take at least 20 years

[ Reply to This | # ]

Jurors in Apple v. Samsung Unanimously Decide to Work an Extra Hour
Authored by: webster on Thursday, August 23 2012 @ 08:46 PM EDT
.

They agree on something. They want to get it done and get on with their lives.
It must not be unpleasant yet so they are willing to spend the extra time. It
may never get unpleasant.
.

[ Reply to This | # ]

Ticking the Boxes
Authored by: Anonymous on Thursday, August 23 2012 @ 09:21 PM EDT
Just suppose the jury made up their mind at the start, this whole
argument is childish and stupid, we will not allow either party
any of its claims. Then they have a mammoth problem in correctly
ticking the checkboxes beside the 600 odd questions to support
that initial premise.

[ Reply to This | # ]

OT: Left Field
Authored by: Anonymous on Friday, August 24 2012 @ 12:00 AM EDT
Did any of the lawyers in this case walk around the court room with a clipboard
in their hand.

Talk about prior art.

I'll go back to my corner now. Thanks.

[ Reply to This | # ]

News Picks Thread
Authored by: artp on Friday, August 24 2012 @ 12:32 AM EDT
URL please.

---
Userfriendly on WGA server outage:
When you're chained to an oar you don't think you should go down when the galley
sinks ?

[ Reply to This | # ]

Comes Goes Here
Authored by: artp on Friday, August 24 2012 @ 12:34 AM EDT
See the link above "Comes v. MS" for details.

Post HTML transcriptions as text, or eamil to PJ.

---
Userfriendly on WGA server outage:
When you're chained to an oar you don't think you should go down when the galley
sinks ?

[ Reply to This | # ]

Our best hope
Authored by: Anonymous on Friday, August 24 2012 @ 11:30 AM EDT
Our best hope is a similar verdict in the US case as the
Korean one..as than Apple would be forced to compete similar
to what happened in the early Macs.

[ Reply to This | # ]

Verdict maybe?
Authored by: Anonymous on Friday, August 24 2012 @ 05:42 PM EDT
From Twitter, Mike Swift:
Mike Swift ‏@Swiftstories Looks like we have a verdict in #appsung. Still awaiting official word from the court however.

[ Reply to This | # ]

  • Verdict maybe? - Authored by: Anonymous on Friday, August 24 2012 @ 05:55 PM EDT
  • Live blog about it - Authored by: Anonymous on Friday, August 24 2012 @ 05:59 PM EDT
  • Samsung looses - Authored by: Anonymous on Friday, August 24 2012 @ 09:19 PM EDT
Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )