“Jurors failed to reach a decision and will return for a third day of deliberations to determine how much Samsung Electronics owes Apple for copying key features of the iPhone and iPad,” The New Zealand Herald reports. “The judge on Wednesday (this morning NZT) also refused Samsung’s second request in as many days to halt the trial. The latest request was made after patent regulators questioned the validity of one of Apple’s patents that Samsung was found to have infringed.”
“The US Patent and Trademark Office was ‘re-examining’ Apple’s patents for the pinch-to-zoom function on its phones and tablets,” NZ Herald reports. “Even if the patent office invalidates the patent, it remains valid through the long appeals process that could reach the US Supreme Court.”
“Lawyers for South Korean-based Samsung Electronics Co. complained to the judge Tuesday that when Apple attorney Harold McIhenny told the jury that US television makers were driven out of business for failing to protect their intellectual property, it was an unfair attempt to inflame jurors’ prejudices,” NZ Herald reports. “Judge Koh denied Samsung’s demand for a mistrial, but she did call jurors back from deliberations to reread an instruction ordering them to put aside their dislikes and biases in deciding the case.”
Read more in the full article here.
[Thanks to MacDailyNews Reader “James W.” for the heads up.]
Related articles:
Samsung asks judge to halt Apple damages retrial, claims Apple’s ‘pinch-to-zoom’ patent might be invalid – November 20, 2013
Apple can seek sales ban on Samsung phones, judges rule – November 20, 2013
Desperate Samsung urges mistrial citing racism in Apple lawyer’s remark – November 19, 2013
Apple’s $380 million case against Samsung now in jury’s hands – November 19, 2013
Apple makes case for why it deserves $379 million more from convicted patent infringer Samsung – November 19, 2013
Closing arguments in Apple v. Samsung retrial – November 19, 2013
Bad news for Android: U.S. patent office confirms all 20 claims of ‘Steve Jobs patent’ – October 17, 2013
Huge win for Apple at USPTO: Key claims of rubber-banding patent confirmed – June 13, 2013
OMF. If the jurors low ball the damages, they’d better duck and cover!
Hopefully they are arguing about how much MORE to tack onto the damages above Apple’s estimation. That would be quite delightful. ❗
@ DC
would love to hope with you, but my guess is this is not a good sign for apple.
More vacillation, procrastination, machination and judicial constipation. Justice is a long time coming, or is it?
Samsung should pay Apple 50 % of the smartphone profit to Apple .
The reason why Samsung hurt Apple so much is , take a look !! Samsung has big market share !!!
I get the feeling that you lack the specifics on this case!!!
A man just stole your car and sold it for half it’s worth. You would issue no penalties and award half the profit the crook made ( less expenses) to the victim.
Sounds like a great deal ( for the crook) to me.
The world has long been accepting the view of copying other’s design without shame. They have equated COPIED products to the INSPIRED ones.
What can we expect now 🙁
NO.
The world has long accepted the process of taking other people’s ideas and making a new (and hopefully better) specific implementation on them. This is how progress happens.
What the world in general does not support is blatant copying of the implementation (design). Unless, of course, you’re one of those few who willingly buys a knock off Rolex or such! Those people are in a clear, small minority.
SamDung lied about Apple’s options ….. The Patent Office decision is not final and Apple has other options …..
http://www.fosspatents.com/2013/11/apple-says-samsungs-stalling-strategy.html
The headline should be ‘Jury YET to make a decision’
Perhaps it was written by Samsung’s lawyers?
Once again, if the courts side with Samsung, what’s to stop me from copying EVERY business, in EVERY minute detail? When I get accused of copying and sued, I (and so many others) can use this case for generations to come. Americans (and I am one) are just dumb. Somewhere along the way, we became a “good enough” country, where mediocrity shines and everybody wants it free.
Your last sentence defines the results of socialism (I would add tyranny to enforce the mediocrity.)
‘Your last sentence defines the results of socialism….’
This should read,
My last sentence defines how ignorant I am since the US Patent system and its enforcement has been worsening under BOTH Republicans and Democrats. Both are to blame idiot.
if you were able to read, you would have grasped I was responding to the previous post regarding the present condition of America and not the US Patent System. Also, there was absolutely no reference to either republicans or democrats.
further, In your “shining mediocrity,” Buster, you are a fine example of “Americans are just dumb.”
If you were capable of comprehension, clearly you and I can both read, I understood what you meant and my comment referred to you always bringing in your standard blaming everything on socialism. How can America be so socialist if you had GW for 8 years!!!
As for I am a fine example of “Americans are just dumb”, I think most Americans who read these threads on MDN would be either very insulted or are laughing their heads off….as I am Canadian….eh?
duh?
@ buster
then there is no question on the matter:you’re a Canadian, ipso facto, you are a socialist.
Your last sentence defines the results of race-to-the-bottom capitalism, where cheap/free is preferred over quality (I would add lobbying that only benefits multinational companies to enforce the mediocrity).
then by all means, you should immediately boycott the multinational company . I am sure its profits will death-spiral without your patronage.
Then by all means, you should immediately boycott the multinational company Walmart. I am sure its profits will death-spiral without the patronage of Americans who surely should know better than to buy cheap crap.
(How you missed the more obvious Walmart connection when I mentioned multinationals and their cheap/free products, and thought I meant Apple, one of the few multinationals with quality products and prices that reflect that, defies belief)
jeez.
to what do you attribute WalMart’s (headquartered in Bentonville, Arkansas) success?
are you unaware that WalMart sells products?
does WalMart hire hordes of armed thugs to force people to shop at WalMart at gunpoint?
No they don’t. Which makes your “I would add tyranny to enforce the mediocrity” even sillier than it was when you first wrote it.
are you the dumbest motherfucker that ever lived?
Nope. Obviously, that was your father.
“it was an unfair attempt to inflame jurors’ prejudices”
Against whom, the Japanese?
If the jury awards Apple a nickel the Apple lawyers will claim a moral victory.