Story: The Foreman's Aha Moment in Apple v. Samsung Was Based on Misunderstanding Prior Art ~pjTotal Replies: 11
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Aug 29, 2012
6:33 PM EDT
Interesting listening to what the guys say in the interview.

If indeed what went on in the deliberations is accurately reflected, then he seems like quite a reasonable guy.

The big issue for me is that what followed on in their deliberations was directed in large part by his misunderstanding of what constitutes prior art. It would seem to me that if his understanding was different then the verdict might have been very different.

I would also add that his initial comment to the press about sending a strong message to Samsung belied a rather emotional interest in the proceedings which should sound very loud alarm bells to Samsungs lawyers.

Aug 29, 2012
8:07 PM EDT
I watched the video and got the impression that, I could be wrong, the guy is a master manipulator. His voice in the interview sounds like he was pretty nervous. It could just be being in front of the camera.

All in all, as a foreman, he screwed up big time. Everything is in the open, the judge needs to take appropriate action, like reverse the decision, to remedy the situation.

Aug 29, 2012
9:29 PM EDT
My assessment is that the guy is probably ignorant and a little arrogant.

Surprising, given that he has a patent himself so I would have thought that he was more clued up on the subject.

Aug 29, 2012
9:36 PM EDT
His patent was for a dvr with removable storage -- years after TiVo came out.

He's also supposed to be an Electrical Engineer.

Make of those two items what you will.

Aug 29, 2012
9:39 PM EDT
Whatever the motivations, there is now ample reason for Samsung (and everyone else) to believe this verdict will not stand on appeal.

Aug 29, 2012
11:40 PM EDT
Quoting:He's also supposed to be an Electrical Engineer. ... Make of those two items what you will.

He is no dummy, that is why I said he is a manipulator. He realized what he had done and trying to somehow justify it to the public.


Aug 30, 2012
3:52 PM EDT


Aug 31, 2012
1:41 AM EDT
@skelband, All those very loud alarm bells clamoring off in Samsung's lawyers aren't really going to amount to squat. A whole bunch of we mixed mixed-environment users all think that that Apple will keep throwing its big dollars and influence around to make DA$$ SURE the Billion Dollar Verdict won't get appealed.


Aug 31, 2012
4:30 AM EDT
Actually, there is nothing Apple can do, short of buying Samsung, to prevent an appeal.

Aug 31, 2012
8:11 AM EDT

Nope. In many of our versions of reality it seems that there is actually PLENTY Apple can keep on doing to keep the BDV from getting successfully appealed. Ever seen the comments of people -- certainly Apple lawyers and probably diehard Apple device users -- who keep accusing Samsung of STEALING Apple's patents?? If not, then maybe you should do a little more research on what's really going down on the ground, like it or not.

2 more c's

Aug 31, 2012
10:53 AM EDT
@flufferbeer: Only time will tell.

There are certainly many out then that want the thing wrapped to Apple's advantage but there are so many litigious avenues open to Samsung yet.

There is one other aspect to this though. What exactly is the best course of action for Samsung? They are not necessarily in the business of socking it to Apple. Apple are the real aggressors here. Samsung is just in the business of making and selling electronic stuff and they have been very successful at it so far. From a business point of view, appealing is not necessarily the best business decision. They will have to weigh the advantages of paying up ($1bn is not *that* big a hit to Samsung) and moving on against the possibility that Apple will continue their legal campaign against them, forever being a thorn in their side.

The problem for Apple in this situation is that they are aggressively attacking Samsung and show no sign of backing off. In a sense, they are creating an environment where Samsung has no choice but to be aggressive back or be driven out of the US market, something that they are not likely to do given their current success.

So we end up with a pointless nuclear war that neither side can ultimately win, it costing both sides a pile in legal fees. I really have to wonder what Tim Cook is drinking these days. Both Samsung and Apple are making a ton of money in the mobile phone market at the moment. It's really in neither of their interests to be engaging in these bizarre games when M$ are making a big play through Nokia and their new Surface machine.

Aug 31, 2012
4:45 PM EDT
I don't think that paying Apple would make it so that Samsung could just move on. Unless they want to drop their phone and tablet lines I think that Apple would continue to try to press this issue, perhaps even more so, if Samsung were to decide not to appeal.

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