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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.

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What if? | 209 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
What if?
Authored by: Anonymous on Monday, August 27 2012 @ 07:35 PM EDT
Samsung's best bet is a JMOL (judgement as a matter of law), but that will be
extremely hard to win. However, if they do win, they do not need another trial

or jury, they will just win and the decision will be reviewed on appeal.

They can also move for a new trial, but that standard is even higher.
Essentially
a mistake would have to have been make during trial that would reasonably be
expected to affect the outcome. I haven't seen anything yet to suggest that
Samsung can show this. Minor mistakes on verdicts (especially when the form
is complicated) are common. Despite all the outrage around here, the jury
didn't do anything that crazy.

[ Reply to This | Parent | # ]

What if?
Authored by: PJ on Monday, August 27 2012 @ 10:10 PM EDT
What are the ways that a nullified verdict might play out?

Samsung can ask the judge to rule on a motion to give them judgment as a matter of law, in effect saying so reasonable jury could find as they did. Or, if that doesn't work, it can appeal to the Federal Circuit. And if that doesn't work, it can ask the US Supreme Court to hear the matter.

If Samsung gets a new jury, do they get the reversal of small errors, as well as large ones?

If it gets a new jury, everything goes back to go, as far as trial matters beginning with day one. But they could get more than just a new jury. On appeal, Samsung can ask that the evidence not allowed in can be allowed in now, etc.

What about objections sustained in the first trial? Is there an expectation that the same evidence cannot be proffered in the new trial?

Yes, same, but not limited to that necessarily.

If the judge tries to rule from the bench, in lieu of a usable verdict, can Samsung demand a new jury?

I don't understand your question.

[ Reply to This | Parent | # ]

  • What if? - Authored by: Anonymous on Tuesday, August 28 2012 @ 06:53 AM EDT
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