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Confusing Verdict Form Might have caused Error | 149 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Confusing Verdict Form Might have caused Error
Authored by: Anonymous on Sunday, September 09 2012 @ 08:13 AM EDT
The trial, and the verdict form could have been arranged to test the validity of
the patents as the FIRST phase. Were the patents deemed invalid, infringement
would be moot.

By starting the verdict form with hundreds of infringement questions, the
implicit assumption of validity is forced repeatedly, and biases the jury
against giving full consideration to the key validity question.

This misleading construction might be an error correctable by a new trial, but
certainly could be brought up as an implicit instruction to the jury that made
them err. The idea of starting at the top of the verdict form, and working to
the bottom, is prejudicial to Samsung's defense.

[ Reply to This | Parent | # ]

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