“Earlier today I already noted that the final jury instructions do not contain any adverse inference jury instruction at all, and that this suits Samsung’s needs, which didn’t want to gain an advantage over Apple but just wanted to avoid a disadvantage for itself,” Florian Mueller reports for FOSS Patents.
“A little later, at around 2 AM California time, Judge Koh entered her order on Samsung’s related motions, which provides definitive clarity. The court ordered in Samsung’s favor on the harshness of the instruction to be given against Samsung as well as on its motion for the same kind of sanction against Apple,” Mueller reports. “This is consistent with what I said yesterday based on a set of near-final jury instructions: Samsung achieved a major breakthrough by effectively neutralizing Apple’s win of an adverse inference instruction. But the parties agreed prior to Judge Koh’s order that if this was going to be the outcome, they’d rather have none at all.”
Mueller writes, “Without a doubt, this issue will come up again on appeal.”
Read more in the full article here.
Judge Lucy Koh grants Samsung a major breakthrough in Apple v. Samsung trial – August 20, 2012