Judge Lucy Koh grants Samsung a major breakthrough in Apple v. Samsung trial

“Late on Sunday, Judge Lucy Koh, the federal judge presiding over the Apple v. Samsung trial in San Jose, surprisingly overruled Magistrate Judge Paul S. Grewal and entered an order that is a major breakthrough for Samsung,” Florian Mueller reports for FOSS Patents. “This reversal significantly increases the Korean company’s chances of getting a verdict it can live with.”

“Instead of providing an adverse inference instruction only against Samsung, the court will tell the jury the same thing about both companies,” Mueller reports. “As a result, the jury will not consider Samsung less trustworthy than Apple, which would have been the case if Judge Grewal’s decisions to give such an instruction only against Samsung but not against Apple had been upheld.”

Mueller writes, “It appears that Judge Koh was too concerned about appearing to apply double standards to the two parties. However, I continue to believe that the facts in Samsung’s case — given that the Korean company already faced problems in U.S. litigation due to its automatic deletion of emails seven years ago — were far more serious than the ones in Apple’s case. Judge Koh certainly missed an opportunity to show strength and treat companies differently if the facts warrant it, even if the parties’ conduct may appear comparable at the highest level of abstraction. If the outcome of the trial is unfavorable to Apple, Apple may very well prevail on this question on appeal and get a retrial with a different instruction.”

Read more in the full article here.

Related articles:
Judge Lucy Koh asks Apple’s attorneys if they’re ‘smoking crack’ – August 16, 2012
Judge urges Apple and Samsung to settle ahead of verdict – August 15, 2012
Apple’s biggest enemy in smartphone wars: Molasses-like legal systems – June 13, 2012


  1. Its so god damn obvious that Samsung copied apple.

    This shouldn’t be a legal decision anyway.

    Simple test – take one of each device out on the street and show the general public. Ask them which one is the ipad.

  2. If apple lose this then there is NO justice.

    Thy might as well get rid of patents because if the jury decide that Samsung win then there might as well be no patents.

    One thing is for sure, if apple lose this you can guarantee that apple will increase security in the company tenfold plus will make sure technically that is virtually impossible to copy their designs again by making the designs so hard to engineer that the competition won’t be able to afford to copy them.

    Steve jobs would be goog ape shot over this fiasco.

  3. Apple will not lose this as it would nullify the protection of any patent. The only question is by how much will Samsung lose? I think Koh is just trying to lessen the pain a little bit. Also it gives Apple a perfect chance to appeal if they are unhappy that it is not enough. I think Apple is less interested in any rewards rather than obtaining their ultimate achievement….To fire a warning shot across the bow of other companies…Beware of pissing us off or this will happen to you.

  4. Now you see the logical upshot of Koh’s begging the parties to settle numerous times before putting the verdict in a jury’s hands. She’s been desperate not to have her name associated with a landmark decision in favor of Apple. The way this trial was playing out before her insane decision to treat the parties’ adverse inference claims equally would have assured that.

  5. Judge Koh certainly missed an opportunity to show strength and treat companies differently if the facts warrant it

    …Which I attribute to here TechTardiness. Let’s hope that IGNORANCE does not win over FACTS. But at this point I see no hope for Samsung. Caught red-handed. Gonna pay for their crimes. Nothing gonna stop it. Looking forward to it…

  6. The patent laws need to be changed. It is a good thing that Apple didn’t have Mercedes’ invention of automobile or there would be not other and nothing with 4 wheels and a motor would be allowed without a bit out of a fruit on the side. Apple copied palm pilot as well as LG and Samsung copied apple. The main thing is they improved on what they saw. Apple is coming out with a large screen. Should Apple pay Samsung for it? After all, Samsung has over 4″ screens on smartphones as well as nearly all other Android phones. APple is not happy unless they are a monopoly. APple is very fortunate this trial is taking place in THEIR backyard, as Europe and Asia will not be as kind to APple, and APple better watch out or Google’s lawsuit through Motorola might be BIG payback time.

    1. If I had a nickel for every time I’ve seen an inarticulate, summary generalization of Apple’s attempts to defend its intellectual property, I’d be a millionaire.

      Please go back to trolling the backwaters of Engadget or Gizmodo. You’ll be much more at home in the comment sections there.

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