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| Authored by: Anonymous on Friday, August 31 2012 @ 09:38 AM EDT |
I am sure that Samsung is going to raise these points to Judge Koh. This will be
very interesting as Judge Koh attempted to ensure that she maintained very tight
control of the proceedings. The detail that went into the 109 page jury
instructions was another example of what she thought would ensure a clear and
guided verdict. What she did not anticipate was that the jury would not read and
follow the instructions to the letter. Add to that a jury foremen who has his
own ideas as to what the law is and how the patent system operates, you have a
formula for a verdict that does not make sense.
I feel a major error was in the 109 page jury instructions document. That
document must have come across as very daunting and it may have spawned the
approach to try get to a decision based on what the jury heard versus what was
written in the instructions. In trying to be very directive to the jury and the
process they were to follow, I believe that Judge Koh set up an environment
where the jury started looking for ways to expedite the process. The end result
is that now Judge Koh will have to look at the result , based on the comments of
the jury foreman which one can be sure that Samsung will ensure Jodge Koh reads,
and make a decision on vacating the jury verdict. I am sure that she already
knows that the outcome is well on its way to being appealed.
Maybe this is a good learning lesson for Judge Koh - Make sure that all key
evidence is allowed into the court room. Keep the jury instructions simple and
short such that there no way a jury can be mislead or have any difficulty in
understanding what is expected of the jury.
The unfortunate outcome is that there will be a second trial ( either thru
direction of Judge Koh or via Appeals). If the verdict comes back in favour of
Samsung in a second trial, then one be assured that Apple will appeal. Anyone
wanting to guess at when this journey will be finally over. I will put a first
guess at sometime in 2015.
CC :>) [ Reply to This | Parent | # ]
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