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Mistrial in Iowa today | 239 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Corrections
Authored by: Gringo_ on Friday, December 14 2012 @ 01:04 PM EST
Please mention the mistake in the title of your post.

[ Reply to This | # ]

Off Topic
Authored by: Gringo_ on Friday, December 14 2012 @ 01:05 PM EST
For all posts that are not On Topic.

[ Reply to This | # ]

Newspicks
Authored by: Gringo_ on Friday, December 14 2012 @ 01:06 PM EST

Please mention the news story's name in the title of the top post. A link back to the story in the top post is also helpful because they eventually fall off the Home page.

[ Reply to This | # ]

Comes
Authored by: Gringo_ on Friday, December 14 2012 @ 01:07 PM EST

Please post all transcriptions of Comes exhibits here for PJ to find. Please post the html in plain text Post Mode so that they can be easily copied.

[ Reply to This | # ]

Vote for Groklaw
Authored by: OpenSourceFTW on Friday, December 14 2012 @ 01:11 PM EST
Over 9000 votes!!! Just kidding, we are at 309.

http://www.abajournal.com/blawg100 (Legal Technology)

Vote quick before the world ends XD.

---
I voted for Groklaw (Legal Technology Category) in the 2012 ABA Journal Blawg 100. Did you? http://www.abajournal.com/blawg100. Voting ends Dec 21.

[ Reply to This | # ]

Mistrial in Iowa today
Authored by: SpaceLifeForm on Friday, December 14 2012 @ 02:39 PM EST
Something was not right. A unanimous verdict was
needed, and that was what was announced to the
court, but the judge asked the jurors how they voted,
and three of the jurors said they voted the other way.

A case of a stealth juror that became the foreman?



---

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

[ Reply to This | # ]

The name in the last quote....
Authored by: Anonymous on Saturday, December 15 2012 @ 01:58 AM EST
..."Demon-Xanth" appears to be a Piers Anthony fan, judging from the
chosen name.

[ Reply to This | # ]

Including Full Voir Dire?
Authored by: Anonymous on Saturday, December 15 2012 @ 05:13 AM EST
What's that translated from Latin?

[ Reply to This | # ]

People with memories
Authored by: Anonymous on Saturday, December 15 2012 @ 08:22 AM EST
Shame the person who remembered going through all this before with Apple vs MS
wasn't allowed in for being sensible about all this.

I'd have a similar hard time of it myself if ever picked.
"Can you make a decision based only on what we present to you?"
"No"
"Why not?"
"Because I've got /some/ intelligence and remember Apple trying this before
and am rather shocked you've been so stupid as to let them get away with it all
again. Do you never learn? /urgh" as I'm hauled off for contempt.

Shame that stuff isn't submittable in some form;
"Notice of plaintiff trying this nonsense on other occasions, losing, and
slowly working the patents until we get to this case. This isn't the first, the
dozenth, or the last"

[ Reply to This | # ]

Rejection for Cause
Authored by: rsteinmetz70112 on Saturday, December 15 2012 @ 05:57 PM EST
I was struck by how strict the Judge was with the parties on rejection for
cause.

Mr. Okamodo a Google employee who had a direct financial in the Android
operating system was not excused for cause in spite of Apple's motion.

I doubt the Judge would have excused Hogan absent some proof he was prejudiced
against Samsung. I think that would have been pretty hard to show without an
admission.

---
Rsteinmetz - IANAL therefore my opinions are illegal.

"I could be wrong now, but I don't think so."
Randy Newman - The Title Theme from Monk

[ Reply to This | # ]

Deliberately dishonest?
Authored by: kg on Sunday, December 16 2012 @ 12:35 AM EST

I would generally tend to agree with Samsung's assessment of the situation. At the time, Hogan seems to have fully understood the questions, and ignored opportunities to reveal pertinent and necessary information that could have gotten him removed from the pool. Whether this was deliberate in the sense that he wanted to sway the outcome, or merely that he was power hungry and wanted to make sure he didn't get the boot is not up to me to decide. However, I do consider the latter a higher probability than the former, considering that Seagate and Samsung are two separate entities (even if Seagate acquired Samsungs HDD arm).

I'd like to point out that his post-trial statements regarding voir dire were potentially due to the disconnect between what someone is told and what they want to hear. Memory fallibility is well known, and has been covered in various scholarly articles*. For example, here and here .

Audito ry memory is inferior to visual memory (see Cohen et al. 2009, etc.). My survey of research several years ago regarding reported speech came to the conclusion that people are more likely to remember content than exact wording, particularly if untrained. And the content they remember is generally filtered through their experience of the situation and their biases. It's a fascinating aspect of speech.

*Note that the articles listed came up in a quick Google search. They have not been vetted beyond the sources. The opinions expressed may be controversial or outdated.

---
IANAL
Linguist and Open Source Developer

[ Reply to This | # ]

"says whatever enters her head"
Authored by: kawabago on Sunday, December 16 2012 @ 02:10 PM EST
Can you hear it echo?

[ Reply to This | # ]

10 Years?
Authored by: rsteinmetz70112 on Monday, December 17 2012 @ 11:51 AM EST
I notice that when Hogan was asked about jury service he did not limit himself
to 10 years and responded with instances earlier than that without prompting.







---
Rsteinmetz - IANAL therefore my opinions are illegal.

"I could be wrong now, but I don't think so."
Randy Newman - The Title Theme from Monk

[ Reply to This | # ]
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