Jury Members Discuss Thought Process Behind Apple vs. Samsung Verdict


Reuters and CNet have interviewed members of the Apple / Samsung patent trial jury who awarded Apple over $1 billion in damages over patent infringement claims against Samsung.

Reuters spoke with jury foreman Velvin Hogan who explained that they found Apple's arguments persuasive about the need to protect innovation. Furthermore, Hogan says it was "absolutely" clear based on Samsung executive testimony that the infringement was purposeful.

In the CNet interview with another Apple v. Samsung juror, Manuel Ilagan reiterated that it was "clear there was infringement". When asked for specifics, he said:

"Well, there were several. The e-mails that went back and forth from Samsung execs about the Apple features that they should incorporate into their devices was pretty damning to me. And also, on the last day, they showed the pictures of the phones that Samsung made before the iPhone came out and ones that they made after the iPhone came out. Some of the Samsung executives they presented on video [testimony] from Korea -- I thought they were dodging the questions. They didn't answer one of them. They didn't help their cause."

Both jurors claim that their decision was deliberate and not rushed. According to Ilagan, the process was helped by the experience within the jury pool. Hogan, the jury foreman, had previously worked as an engineer and holds a patent himself. Meanwhile, others on the jury were said to also have engineering and legal experience.

In determining the award amount, Hogan reports that they felt Apple's demands of $2.75 billion was "extraordinarily high", especially taking into account the uncertainty in Apple's ability to have sold significantly more iPhones due to component supply constraints. That said, Hogan told Reuters they did want a send a message.

"We didn't want to give carte blanche to a company, by any name, to infringe someone else's intellectual property," Hogan told Reuters a day after the verdict.

Top Rated Comments

(View all)
Avatar
106 months ago

This is a sad day. And I say this as an Apple fan.

I love their products, but they seem to be turning into bigger and bigger control freaks as time goes on. I'm worried about Apple becoming *too successful*, because if they do they are likely to engage in monopolistic practices, which still stifle innovation and give people little choice in platform.

Apple really needs to learn to play well with others.


I still don't understand how stopping Samsung from coping Apple is stifling innovation...
Score: 124 Votes (Like | Disagree)
Avatar
106 months ago
I think they made the right decision. Samsung clearly copied and infringed on Apple's patents, Apple told them to stop many times, offered to licence it to them but Samsung still refused to cooperate so Apple sued them. Serves them right.
Score: 94 Votes (Like | Disagree)
Avatar
106 months ago

This is a sad day. And I say this as an Apple fan.

I love their products, but they seem to be turning into bigger and bigger control freaks as time goes on. I'm worried about Apple becoming *too successful*, because if they do they are likely to engage in monopolistic practices, which still stifle innovation and give people little choice in platform.

Apple really needs to learn to play well with others.

What this jury verdict says is that Apple has the right to protect their intellectual property and that Samsung is guilty of lifting Apple's innovation despite the fact that Apple had offered Samsung several times to license their property.

I will also point out that Samsung is the worldwide leader in unit marketshare of smartphones.

https://www.macrumors.com/2012/07/27/apples-share-of-worldwide-smartphone-market-slides-as-samsung-continues-to-surge/

Samsung dominates the market by selling lots of devices that -- according to this jury -- are crammed full of Apple intellectual property. Apple has a long way to go to reach what would be a monopoly.

You should understand that the jury members are interpreting US patent law and aren't employees of Apple Inc. nor Samsung. As a matter of fact, any Apple or Samsung employees would have been weeded out during the jury selection process.

The jury is not telling anyone to stop innovating. They are telling Samsung to do their own innovation and not to steal stuff from Apple and saying it is theirs. Due to the lack of congressional foresight, current patent law has no actionable provision for "finders keepers, losers weepers" or "share your toys with the other kids in the sandbox."

Now, if you think the US patent system is broken, that's an entirely different (and arguably valid) discussion, however the jury is instructed to base their verdict on existing and active law.

These laws weren't written to favor one specific company (like Apple, Coca-Cola, Microsoft, Wonderbra, whoever).

You have understood nothing about this entire legal action.
Score: 93 Votes (Like | Disagree)
Avatar
106 months ago
This well thought out explanation is going to frustrate critics who want to blame an ignorant jury for what happened.
Score: 69 Votes (Like | Disagree)
Avatar
106 months ago

Manuel Ilagan, that is NOT evidence in regards to what you were supposed to decided on.:rolleyes:

Apparently Coca-Cola should sue Pepsi for Sierra Mist because they decided they want a lemon-lime soda like Sprite.


Uh, the jury needs to consider all the evidence presented at trial. It's a little strange that you feel you can redefine the rules of evidence used at trial in an internet forum.
Score: 48 Votes (Like | Disagree)
Avatar
106 months ago

Manuel Ilagan, that is NOT evidence in regards to what you were supposed to decided on.:rolleyes:

Apparently Coca-Cola should sue Pepsi for Sierra Mist because they decided they want a lemon-lime soda like Sprite.


And they would definitely sue Pepsi if they copied.

----------

This is a sad day. And I say this as an Apple fan.

I love their products, but they seem to be turning into bigger and bigger control freaks as time goes on. I'm worried about Apple becoming *too successful*, because if they do they are likely to engage in monopolistic practices, which still stifle innovation and give people little choice in platform.

Apple really needs to learn to play well with others.


Samsung is the one that needs to learn to play well with others - this has been going on for years and years with them.
Score: 42 Votes (Like | Disagree)

Top Stories

Leaker: 'iPhone 12 mini' and iPhone 12 Storage Capacities Start at 64GB, Pro Models at 128GB

Tuesday September 29, 2020 2:31 am PDT by
Rumors suggest Apple's iPhone 12 launch event will be held on October 13, with the more affordable 5.4 and 6.1-inch devices set to ship out ahead of the more expensive 6.1-inch and 6.7-inch Pro devices, and this morning hit-and-miss leaker Jon Prosser has further committed to that date by providing alleged details on Apple's first shipment of finalized iPhone 12 units. Prosser claims the...

Hands-On With iOS 14.2's New Shazam Music Recognition Toggle in Control Center

Monday September 28, 2020 2:35 pm PDT by
Shortly after launching iOS 14, Apple introduced an upcoming iOS 14.2 update, which is now available to developers and public beta testers ahead of a public release that could come at some point in October. Subscribe to the MacRumors YouTube channel for more videos. The iOS 14.2 update mainly focuses on the Control Center, introducing a new Music Recognition toggle that deepens the Shazam...

Top Stories: iOS 14 Feature Tour, 'iPhone 12 mini' Rumors, Apple Watch Band Controversy

Saturday September 26, 2020 6:00 am PDT by
Things started to calm down a bit this week following last week's rush of media event, Apple Watch and iPad launches, and the release of iOS 14 and other operating updates. But that doesn't mean there wasn't still a lot of news, from digging deeper into iOS 14 to more iPhone 12 rumors to the uproar over trying to exchange band sizes on the new Apple Watch. On top of all of that, we heard...

DigiTimes: 12.9-inch Mini-LED iPad Pro Arriving Early 2021, Mini-LED MacBook Coming Later

Tuesday September 29, 2020 4:18 am PDT by
Apple will launch a 12.9-inch mini LED-backlit iPad Pro in early 2021 and a mini LED-backlit MacBook in the second-half of next year, according to DigiTimes. The Taiwan-based industry publication claims Epistar will supply the over-10,000 mini LEDs used in each iPad Pro tablet. Meanwhile, Apple is expected to recruit Osram Opto as another supplier of mini LEDs for use in a new "high-end"...

iPhone 12 May Launch Earlier Than Usual in South Korea

Monday September 28, 2020 5:24 am PDT by
The upcoming iPhone 12 lineup may launch earlier than usual in South Korea, reports The Korea Herald. South Korean telecoms firms speaking to The Korea Herald have said that the iPhone 12 lineup will launch ahead of its usual schedule. Normally, the release of new iPhones in South Korea comes about one month after launch in the United States. Last year, the iPhone 11 arrived in South Korea ...

iOS 14: 'Phoenix 2' Space Shooter Delivers Playable Demo via App Clips

Saturday September 26, 2020 2:08 pm PDT by
One of the new features that arrived in iOS 14 is called App Clips. App Clips is described by Apple to be a "small part of your app" that can be available to users at just the right moment.App Clips focus on finishing one task quickly. An ideal App Clip experience allows users to open and complete a task in seconds. Instead of requiring an App Store download, they can be loaded and run via...

Epic Games Unlikely to Win Injunction in Ongoing Fortnite Battle With Apple, Jury Trial Possible

Monday September 28, 2020 1:14 pm PDT by
The ongoing legal dispute between Apple and Epic Games continued on today, with a preliminary injunction hearing taking place this morning. We're still waiting to hear the judge's official ruling, but it looks like Epic is not going to be granted an injunction to allow Fortnite back into the App Store as the case unfolds. Many of the arguments that lawyers for Apple and Epic Games made were...

iPhone 12 Production Lines at Foxconn's Zhengzhou Factory in China Running '24 Hours a Day'

Tuesday September 29, 2020 3:38 am PDT by
Apple contract manufacturer Foxconn is running its massive Zhengzhou factory in China 24 hours a day to produce the new iPhone 12, according to Chinese media reports. Apple's main iPhone manufacturer in China is said to be cancelling workers' holidays and introducing mandatory overtime with additional bonuses for longer-serving staff, according to information garnered from employees,...

'iPhone 12 mini' Name Reappears in Leaked Apple iPhone 12 Case Stickers

Friday September 25, 2020 1:58 am PDT by
Earlier this week a proven leaker claimed that the iPhone 12 lineup would be named "iPhone 12 mini," "iPhone 12," "iPhone 12 Pro," and "iPhone 12 Pro Max," and today the same nomenclature has appeared again in a photo depicting alleged stickers from unreleased Silicone iPhone cases originating from Apple's international distribution center in Ireland. The photo shows three stickers with the...

Apple Releases iOS 14.0.1 With Fix for Bug That Resets Default Apps After Rebooting

Thursday September 24, 2020 10:12 am PDT by
Apple today released iOS 14.0.1, the first update to the iOS 14 operating system that was released on September 16. Today's update is a bug fix update addressing issues that weren't able to be fixed in the initial iOS 14 launch. The iOS 14.0.1 update is available on all eligible devices over-the-air in the Settings app. To access the new software, go to Settings > General > Software Update. ...