Apple v. Samsung jury is seated in California patent trial

“Apple Inc.’s and Samsung Electronics Co.’s opening arguments in a $2 billion trial over smartphone technology will be heard today by a jury that includes a retired International Business Machines Corp. software systems manager, a medical billing administrator and a community service officer,” Joel Rosenblatt reports for Bloomberg.

“The jury of six women and four men was chosen yesterday in the same San Jose, California, courtroom where jurors two years ago found that Samsung infringed Apple’s patents and awarded $1.05 billion in damages,” Rosenblatt reports. “With U.S. District Judge Lucy Koh’s repeated pleas for a settlement unheeded, the companies are geared up for another monthlong trial and inevitable appeals, adding new legal bills to the hundreds of millions of dollars they’ve already spent on disputes before courts and regulators on four continents.”

“While screening prospective jurors for possible bias, the judge voiced concern that a man who claimed to own 1,000 shares of Apple is too invested in the company to be able to serve impartially,” Rosenblatt reports. “In the first trial, jurors found Samsung infringed six of seven Apple patents and rejected all of Samsung’s claims against Apple products. Damages against Suwon, South Korea-based Samsung were reduced to $930 million after a retrial. Samsung has appealed that award, as well as the original infringement verdict.”

Read more in the full article here.

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Florian Müller: When all is said and done, despite years of Apple litigation, Android will continue to be world’s most popular mobile platform – April 1, 2014
Apple v. Samsung II: Convicted patent infringer Samsung now claims all patents aren’t worth very much – March 31, 2014
Google is central to new Apple v. Samsung patent infringement lawsuit – March 31, 2014
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Apple v. Samsung patent infringement trial begins today (link to live blog) – March 31, 2014

9 Comments

    1. It is a slippery slope. If the judge is worried about potential bias (or the _appearance_ of potential bias) caused by one smart juror’s ownership of 1000 shares of Apple — regardless of the juror’s total net wealth or other factors related to integrity and the ability to think independently — then would it not also be necessary to eliminate others who have indirect Apple holdings through their pension plans, 401(k) plans, mutual funds, or even just owned by family members or close friends? For the same reason — to avoid bias, or the appearance of bias — why shouldn’t the judge recuse herself because of her national heritage, particularly when she, herself, has voiced belief in dodgy assertion of “xenophobia in American courts” in a previous written judgement. Does this represent bias in the judge’s concerns to eliminate bias?

    1. Um, no. Apple’s market share in both computers and mobile phones had been steadily growing year over year. You are mistakenly looking at the ever-morphing category of “smartphones,” which used to be only true smartphones, but now includes android-powered feature phones that don’t have enough power to be properly called smartphones.

      1. in Germany, Android 75.7%, up from 71.9% a year earlier; iOS, down from 18.8% to 15.3%. Even in the U.S., Android now has 55% (versus 51.1% a year ago), and iOS is down from 43.6% to 38.7%. In the UK, Android at 54%, iOS at 32.1% (vs. 29%). In China, Android at 80.3%, iOS at 17.9%. In France, Android at 67.7% (up from 61.9%), iOS slightly down from 23.1% to 21.1%. In Australia, Android at 58.5%, iOS at 33.9% (not much change). Italy: Android at 67.6%, iOS in free fall from 22.6% to 13.6%. Only in Japan it has more than 50% (54.9%) and is even growing, for now. In Spain, iOS has been marginalized (though it’s slightly up at 6.3%) by Android with 88% market share. Across the five largest EU economies (Germany, UK, France, Italy, Spain), Android is at 68.9% (up) and iOS at 19.0% (down).

        I presume you dispute these numbers?

        1. You didn’t read my post. Your numbers are for “smartphones” not all mobile phones. the definition of smartphones has changed since 2007 and the pool has grown relative to all cell phones. Apple’s share of all cell phones is still growing.

        2. Add to that the fact that Apple’s customer retention is much higher than Android. Many people buy an Android phone as their first “smart” phone, are disappointed and then move to iPhone and stay.

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