With the landmark Apple vs. Samsung patent and design lawsuit ensuing a $1 billion verdict for Apple late final week, really extensive discussion concerning the jury’s choice-making process has been making the rounds. a couple of participants of the jury, together with foreman Velvin Hogan, gave interviews after the trial, but a brand new video interview of Hogan by using Bloomberg television’s Emily Chang provides some extra insight into the jury’s thinking. The just about 17-minute segment covers quite a lot of themes including the jury dynamics, calculation of damages, and the way Hogan’s own expertise with patents and financial statements helped information the dialogue and analysis.
Hogan notes that he initially idea the case may swing Samsung’s means as the jury firstly had some issue assessing how the validity of the patents must be determined and applied to the case.
We have been at a stalemate, but one of the vital jurors weren’t positive of the patent prosecution process. Some weren’t positive of how prior art may both render a patent applicable or whether it might probably invalidate it. What we did is we began speaking about one and when the day was once over and that i used to be at house, eager about that patent claim by means of claim, restrict by using restrict, I had what we’d name an a-ha second and that i all at once determined I may protect this if it used to be my patent…And with that, I took that story back to the jury and laid it out for them. They understood the points I was once talking about and then we meticulously went patent by way of patent and claim by means of claim against the test that the judge had given us, because each patent had a special legal premise to judge on. We bought those all sorted out and determined which of them had been legitimate and which ones were not.
Hogan additionally reiterates the jury’s view that comments via Google disturbing that Samsung tweak its product designs to seem less just like the iPhone and iPad have been in particular damning, indicating that Samsung’s infringement was once willful because it took in Google’s recommendation and opted not to practice it.
total, the jury found that the proof in the case “spoke overwhelmingly” to Samsung’s infringement, with the jury having put “each and every side to the check” equally in weighing each validity and infringement claims, working thru each of the concerned devices and claimed infringements to reach the $1 billion verdict. Hogan additionally walks via how that dollar amount was reached, the usage of their own calculations of how a lot Apple lost in earnings from sales of the infringing Samsung gadgets after which adding in royalty quantities to achieve a ultimate quantity.
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