Samsung has asked Judge Lucy Koh to throw out the patent infringement verdict that saw Apple awarded more than $1 billion in damages this summer and order a new trial. The Korean electronics giant claims that the foreman of the jury, 67-year-old Velvin Hogan, is guilty of misconduct after he failed to answer the court’s questions truthfully and did not disclose a potential conflict of interest.
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Apple’s lengthy battle with Samsung came to a close last Friday when a jury decided Samsung was guilty of infringing six of Apple’s patents, and that it must pay more than $1 billion in damages as a result. Not only was this a huge blow to Samsung, but it appears it’s also hit the Korean company’s customers, too.
One used electronics company has seen a 50% growth in the sale of Samsung devices as customers “jump ship” following its loss.
It isn’t too difficult to understand why the jury involved in the Apple versus Samsung case made the verdict it did last Friday, awarding Apple a landslide victory and more than $1 billion in damages. But what isn’t clear is how the jury came to its decision. Thanks to Jury Foreman Vel Hogan, we now have a fascinating insight into what it was like to be part of that panel.
In his first TV appearance since the billion dollar patent trial came to an end, Hogan reveals how he made up his own mind, how the jury decided on the damages Samsung must pay Apple, whether feelings and emotions influenced the jury’s decision, and more.
We’ve already seen Tim Cook’s memo to Apple employees following the company’s landmark victory over Samsung last Friday. As expected, Samsung’s isn’t quite as upbeat or as celebratory. Released today, the Korean company’s announcement insists that it tried to settle with Apple out of court, but that Apple “pressed on with a lawsuit.” It also notes that the verdict “starkly contrasts” those recently made by courts in a number of other countries.
According to the Wall Street Journal, a Seoul court ruled that Apple has infringed on two of Samsung’s patents. In addition, Apple must stop selling the infringing products in South Korea. Apple isn’t the only one at fault here, as the court also ruled that Samsung had infringed upon Apple’s “bounceback” patent. According to the WSJ’s Evan Ramstad:
Looks like a split decision overall in South Korea court, but Samsung faring better than Apple with judges.
In addition, Reuters reports that Apple has been given a small fine of roughly $35,400.
An internal Samsung email was submitted today into evidence in the Apple vs. Samsung case being heard in Northern California. In the correspondance, head of mobile communications for Samsung JK Shin praises the iPhone, and describes the difference between his own company’s user experience and that of the iPhone as “the difference between heaven and earth.”
It’s fairly rough evidence for the Korean electronics maker, who had tried to keep the document out of the trial until a misstep today by Samsung legal counsel John Quinn, who mentioned the phrase “crisis of design” from the email, allowed it to be admitted.
Apple went after Samsung today in the most direct and perhaps damaging interchange, yet, using Samsung’s own internal documents to prove Apple’s claim that Samsung’s practices go beyond mere competition and are truly copyright infringement.
Apple called Justin Denison, Samsung’s chief strategy officer, to the stand today. Attorney for Apple Bill Lee, after some preliminary questioning, went right for the jugular, directly calling out Samsung, and asking Denison point blank if Samsung had copied Apple products. Denison denied the claim, and then Lee pulled out a set of internal documents from Samsung. Some of the titles of these reports were pretty incriminating.
Remember the excluded Samsung documents we told you about yesterday? The ones that Samsung sent out to the media after they had been denied the ability to enter them into court? We told you how Samsung’s lawyer, John B. Quinn, argued that sending them along to journalists was neither unethical nor illegal. Apple has a different opinion, which they filed in court today.
In the latest filing in the Apple vs Samsung patent case, the Korean-based electronics company argued that the documents they leaked after US District Judge Lucy Koh excluded as trial evidence were public domain, anyway, and that Samsung had done nothing wrong or unethical.
Apple Continues To Argue That Samsung Copied The iPhone, Samsung Calls It American-Style Competition
Today, Apple and Samsung both presented their opening arguments in front of US District Court Judge Lucy Koh in the second day of the legal case originally brought by Apple against Samsung for patent infringement. Samsung countersued, claiming its own patents were infringed upon. Apple Inc v. Samsung Electronics Co Ltd et al, No. 11-1846 began yesterday with jury selection, and opening statements were made today, along with some expert testimony by Apple designer Christopher Stringer.
Not surprisingly, Apple believes that Samsung has copied the iPhone wholesale. Korea-based Samsung continues to repeat that it has not copied anything, but rather a simple matter of American-style competition.
Lawyers for both sides squared off today in court with their opening arguments.