Jury Foreman in Apple vs. Samsung Case Speaks to Rationale for Verdict

With the landmark Apple vs. Samsung patent and design lawsuit resulting a $1 billion verdict for Apple late last week, considerable discussion about the jury's decision-making process has been making the rounds. Several members of the jury, including foreman Velvin Hogan, gave interviews after the trial, but a new video interview of Hogan by Bloomberg Television's Emily Chang provides some additional insight into the jury's thinking. The nearly 17-minute segment covers a number of topics including the jury dynamics, calculation of damages, and how Hogan's own experience with patents and financial statements helped guide the discussion and evaluation.


Hogan notes that he initially thought the case might swing Samsung's way as the jury initially had some difficulty assessing how the validity of the patents should be decided and applied to the case.

We were at a stalemate, but some of the jurors were not sure of the patent prosecution process. Some were not sure of how prior art could either render a patent acceptable or whether it could invalidate it. What we did is we started talking about one and when the day was over and I was at home, thinking about that patent claim by claim, limit by limit, I had what we would call an a-ha moment and I suddenly decided I could defend this if it was 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 talking about and then we meticulously went patent by patent and claim by claim against the test that the judge had given us, because each patent had a different legal premise to judge on. We got those all sorted out and decided which ones were valid and which ones were not.


Hogan also reiterates the jury's view that comments by Google demanding that Samsung tweak its product designs to look less similar to the iPhone and iPad were particularly damning, indicating that Samsung's infringement was willful as it took in Google's advice and opted not to follow it.

Overall, the jury found that the evidence in the case "spoke overwhelmingly" to Samsung's infringement, with the jury having put "each side to the test" equally in weighing both validity and infringement claims, working through each of the involved devices and claimed infringements to reach the $1 billion verdict. Hogan also walks through how that dollar amount was reached, using their own calculations of how much Apple lost in profits from sales of the infringing Samsung devices and then adding in royalty amounts to achieve a final number.

Top Rated Comments

(View all)
Avatar
104 months ago

Apple found 12 uninformed people to determine whether or not we get competition in the mobile device market.

Brilliant.


Lol. You can say the result stifles competition over and over and over again but that doesn't make it true. Last time I checked there are plenty of other manufacturers out there making their own phones that will provide great competition for years to come. Competition does not equal clones. You sir don't have the right to call anybody else "uninformed" with the b.s your trying to pass off as fact.
Score: 45 Votes (Like | Disagree)
Avatar
104 months ago

He needs to stop talking.
Every time he opens his mouth, he is helping Samsung's case for appeal.
It's bad enough the jury flat out ignored the judges orders on damages, he's now admitting to doing all but taking the role of Apple's counsel in the jury room.


It's called being the foreman, genius.

----------

Apple found 12 uninformed people to determine whether or not we get competition in the mobile device market.

Brilliant.


The jury is selected by both parties, not just the plaintiff.
Score: 35 Votes (Like | Disagree)
Avatar
104 months ago
This is like two neighbourhood restaurants. One spent days and night coming up with tasty and new dishes, and tries to cash in on the new ideas. The other restaurant keeps imitating the dish and sells them at a lower price. The residents are happy because they get a similar dish for a lower price. When the 1st chef starts complaining, the neighbours all go to the 2nd chef's defence. The ingredients have always been around, they say, so it's not a copying.

But they don't realize that after a while, the smart chef will be discouraged from creating any more new dishes because it's simply not worth the effort. And they don't realize, sometimes, it is not the one or two ingredients that make the dish tasty. It's the combination on the whole dish.
Score: 34 Votes (Like | Disagree)
Avatar
104 months ago
awesome. stellar. fantastic. :) :apple: :apple: :apple:

----------

Apple found 12 uninformed people to determine whether or not we get competition in the mobile device market.

Brilliant.

I believe Samsung agreed to the jury as well. :eek:
Score: 33 Votes (Like | Disagree)
Avatar
104 months ago

he is helping Samsung's case for appeal.


Good. They need to win the appeal. Consumers do too. The litigation thugs of Apple need to stop suing over petty stuff like 'pinch-to-zoom.' That's like LG suing Panasonic for putting an 'input' button on their television remote.
Score: 30 Votes (Like | Disagree)
Avatar
104 months ago

Lol. You can say the result stifles competition over and over and over again but that doesn't make it true. Last time I checked there are plenty of other manufacturers out there making their own phones that will provide great competition for years to come. Competition does not equal clones. You sir don't have the right to call anybody else "uninformed" with the b.s your trying to pass off as fact.


Well said, sir. Especially the bit in bold.
Score: 29 Votes (Like | Disagree)

Top Stories

iPhone Maker Foxconn Says China's 'Days as the World's Factory Are Done'

Wednesday August 12, 2020 7:55 am PDT by
China will no longer be the world's manufacturing epicenter going forward, according to Apple's largest supply chain partner Foxconn, which has been gradually expanding its operations in other countries amid the U.S.-China trade war. "No matter if it's India, Southeast Asia or the Americas, there will be a manufacturing ecosystem in each," said Foxconn chairman Young Liu, according to Bloombe...

Leaker Jon Prosser: Apple Watch and iPad Launching in September, iPhone 12 Event to Take Place in October

Wednesday August 12, 2020 4:31 pm PDT by
Apple last month confirmed that this year's iPhone 12 models will launch outside of their normal September timeframe and will be "available a few weeks later," which has led to speculation about when an event might be held. Leaker Jon Prosser, who sometimes shares accurate knowledge of Apple's plans, today said that Apple will hold its iPhone 12 event during the week of October 12, with...

Apple Takes Legal Action Against Small Company With Pear Logo

Saturday August 8, 2020 11:09 am PDT by
Apple is taking legal action against the developers of the app "Prepear" due to its logo, according to iPhone in Canada. Prepear is an app that helps users discover recipes, plan meals, make lists, and arrange grocery deliveries. The app is a spinoff of "Super Healthy Kids," and the founders claim that they are facing litigation from Apple. Apple reportedly takes issue with Prepear's logo, ...

Apple to Launch Bundled Subscription Services Called 'Apple One'

Thursday August 13, 2020 3:41 am PDT by
Apple will launch a new range of subscription service bundles called "Apple One" as soon as October, according to a new report by Bloomberg's Mark Gurman. The series of bundles would allow customers to subscribe to several Apple digital services together. This is expected to result in a lower monthly price than when the services are subscribed to individually. Bloomberg reports that the...

Apple Releases iOS and iPadOS 13.6.1 With Fix for Storage Issue and Green Tinted Displays

Wednesday August 12, 2020 1:31 pm PDT by
Apple today released iOS and iPadOS 13.6.1, minor updates that come a month after the release of the iOS 13.6 update with Car Keys and Audio Apple News+ stories. The iOS and ‌iPadOS‌ 13.6.1 updates are available on all eligible devices over-the-air in the Settings app. To access the updates, go to Settings > General > Software Update. iOS 13.6.1 addresses an issue that could cause...

Apple May Release 4G-Only iPhone 12 in Early 2021

Tuesday August 11, 2020 5:28 am PDT by
In a research note shared by Business Insider, Wedbush Securities analysts said that Apple may release a cheaper iPhone 12 in early 2021 with no 5G connectivity. Wedbush initially believed Apple would launch a mix of 4G and 5G iPhone 12 models this fall. Following re-examination of Asian supply chains, analysts Daniel Ives, Strecker Backe, and Ahmad Khalil revised the predictions,...

Apple Removes Fortnite From App Store [Update: Epic Files Lawsuit Against Apple]

Thursday August 13, 2020 11:58 am PDT by
Just hours after Epic Games introduced a new direct payment option for Fortnite that skirts Apple's in-app purchase rules, Apple has pulled the Fortnite app from the App Store. Fortnite is no longer available for download on the iPhone or the iPad, and Apple provided a statement to MacRumors on Fortnite's removal:Today, Epic Games took the unfortunate step of violating the App Store...

iPad Pro Keyboard Comparison: Logitech's $160 Folio Touch vs. Apple's $300 Magic Keyboard

Tuesday August 11, 2020 2:11 pm PDT by
Logitech recently debuted the Folio Touch, a keyboard and trackpad case designed for the 11-inch iPad Pro that serves as an alternative to the Magic Keyboard. In our latest YouTube video, we compare the $160 Folio Touch to Apple's $300 Magic Keyboard to see which is better. Subscribe to the MacRumors YouTube channel for more videos. Logitech is selling the Folio Touch for $160, while Apple's...

Apple Releases macOS Catalina 10.15.6 Supplemental Update With Virtualization Bug Fix

Wednesday August 12, 2020 1:20 pm PDT by
Apple today released a supplemental update for macOS Catalina 10.15.6, with the update coming a month after the original launch of macOS Catalina 10.15.6. The ‌‌macOS Catalina‌‌ 10.15.6 Supplemental Update can be downloaded from the Mac App Store using the Update feature in the System Preferences app. According to Apple's release notes, the update fixes a problem that could cause...

Kuo: Global iPhone Shipments Could Decline Up to 30% If Apple Forced to Remove WeChat From App Store [Updated x2]

Sunday August 9, 2020 10:17 pm PDT by
In a worst-case scenario, Apple's annual global iPhone shipments could decline by 25–30% if it is forced to remove WeChat from its App Stores around the world, according to a new research note from analyst Ming-Chi Kuo viewed by MacRumors. The removal could occur due to a recent executive order aiming to ban U.S. transactions with WeChat and its parent company Tencent. Kuo lays out...