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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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I think she's going to nullify the case, basically | 302 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
I think she's going to nullify the case, basically
Authored by: designerfx on Tuesday, December 18 2012 @ 01:15 PM EST
I don't have a factual basis for this, but based on the
comments she makes where she seems to be implying that even
the damages don't make sense...I'm kinda wondering if she's
just going to throw everything out somehow.

[ Reply to This | Parent | # ]

Missing from Hogan Discussion
Authored by: Anonymous on Tuesday, December 18 2012 @ 01:26 PM EST
"I have done cases in front of several different Federal and
State and I cannot imagine any of them simply glossing over
Hogan's behavior and merely wanting to be done with the case."

Could you give some examples under either FRCP 59 or the law
of your jurisdiction of similar "behavior" forming the basis
of a successful post-verdict motion for a new trial?

[ Reply to This | Parent | # ]

Missing from Hogan Discussion
Authored by: rsteinmetz70112 on Tuesday, December 18 2012 @ 02:32 PM EST
Reading the transcript, Apple moved to have Mr. Okamodo a Google employee who
had a direct financial interest in the Android operating system was not excused
for cause. In spite of obvious conflicts of interest she denied Apple's motion
based on the juror's statements that he could put aside his personal interests.


Apparently Apple used one of it's peremptory challenges to remove him. I don't
know who else was removed by peremptory challenge but it would be pretty easy to
go back and figure out who was removed, but not who removed them. I suspect that
some of the other patent holders were considered more dangerous than Hogan.

Based on the discussion of Mr. OkamodoI doubt the Judge would have excused Hogan
for cause absent some proof he was prejudiced against Samsung. I think that
would have been pretty hard to show without an direct admission during voir
dire.

Perhaps Samsung did make an error not asking about his feelings about his
previous employment at Seagate when the opportunity came up, although I don't
think that was the root of his behavior. I think rather his history with Seagate
is an indication of his personality. Based on his history we know he had a
conflict with a former employer and a conflict with a former employee. I have
questions about the whole Seagate loan thing as well.


---
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 | Parent | # ]

Missing from Hogan Discussion
Authored by: Anonymous on Monday, December 31 2012 @ 04:44 AM EST
Just imagine, if at the dawn of the DVD era, ppolee had got together at ISO and
persuaded ISO to issue a standard for the VHS videotape. That's more or less
what happened earlier this year at the BRM.Yes, at the dawn of the DVD era, many
businesses were making a lot of money from VHS videotapes and related products
and services; and they were widely deployed to consumers, too. Even if you
discount manufacturers of VCRs and tapes, there were Disney, Blockbuster, and so
on; nothing to do with IBM and Microsoft.But the future belonged to the DVD.

[ Reply to This | Parent | # ]

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