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The jury foreman speaks on Bloomburg. | 481 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
The jury foreman speaks on Bloomburg.
Authored by: Anonymous on Tuesday, August 28 2012 @ 02:09 PM EDT
I can easily see why he was overwhelmed.

[ Reply to This | Parent | # ]

Partial transcript of video
Authored by: Anonymous on Wednesday, August 29 2012 @ 12:00 AM EDT

Here's a partial transcript of the Bloomberg interview from 0:49 to 4:24. I hope it's useful in the discussion.

Emily Chang: Were you ever confused? Were other people ever confused?

Vel Hogan: I wasn't confused but there was a, a few of the jurors that were confused so what we did in the jury room before we did anything after we did the election of who was going to lead the jury I told them let's just lay out on the table any concerns or open questions you may have that's left over and let's just get that out of the way first.

Emily Chang: Now when you first got into the jury room initially, this was Wednesday right?

Vel Hogan: Yes.

Emily Chang: Was? There are reports that you were initially divided but did you, did you have a feeling this was going to sway overwhelmingly in Apple’s favour?

Vel Hogan: No. No. In fact if you'd have asked me at that moment in time, I thought it was gonna ultimately maybe lean the other way.

Emily Chang: Why?

Vel Hogan: Why? We were at a stalemate but some of the jurors weren't sure of the patent prosecution process. Some weren't sure of how, ah, prior art could either render a patent accept... ah, acceptable or whether it could invalidate it and so what we did is we started talking about one and the day was over. When I was at home thinking about that patent, ah, claim by claim, limit by limit I had what we would call an ah ha moment.

Emily Chang: Um hmmm.

Vel Hogan: And I suddenly decided that I could defend this if it was my patent.

Emily Chang: Really?

Vel Hogan: Really. And with that, I took that story back to the jury, laid it out for 'em, they understood the points that I was talking about and then we meticulous, meticulously went patent by patent claim by claim against the test that the judge had given us because each area, each patent had a different ah legal premise to judge on. We got that all sorted out and decided which ones were valid, which ones weren't valid.

Emily Chang: So the initial stalemate that you found yourself in, what was that about?

Vel Hogan: It was about a particular, ah, patent, ah, the '460 patent, and whether or not the prior art really did invalidate that pattern, that patent and so with that moment I had, I realized that the software on the Apple side could not be placed into the processor on the prior art and vice versa.

Emily Chang: Um hmm.

Vel Hogan: And that means that they're not interchangeable and that just cha..., that changed everything right there.

Emily Chang: You know it's all obviously extremely technical. there has been a lot of talk since this verdict has come down. How did you guys make this verdict so quickly. There were more than a hundred pages of jury instructions. There are even reports that you didn't read all of those instructions.

Vel Hogan: Oh. We read. First off, before closing arguments was given, the judge read to us the final instructions, instruction by instruction. Then she allowed the closing arguments, then she dismissed us. And so we had those closing argue..., those ah, instructions and we had them open there and then we took patent by patent and got hung upon the first one but the day was almost over by then and so I said to the jury, "We're not going to allow ourselves to get hung up. We're going to, if we find a debate like this, we'll move on. We'll do the simplest things first.” So then when I came back the next day...

[ Reply to This | Parent | # ]

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