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.
Popular Stories
As previously rumored, the next-generation iPhone 15 Pro and iPhone 15 Pro Max will feature a unified volume button and a mute button, according to leaked CAD images shared in a video on the Chinese version of TikTok and posted to Twitter by ShrimpApplePro.
Instead of separate buttons for volume up and volume down, the iPhone 15 Pro models are expected to have a single elongated button for...
A first-generation iPhone still sealed inside its box sold for $54,904 at auction, which is more than $54,000 over the original $599 price tag of the device when it was released in 2007.
The original iPhone was put up for sale by RR Auction on behalf of a former Apple employee who purchased it back when it first came out. Back in February, an original, sealed iPhone sold for over $63,000,...
While year-over-year iPhone upgrades are not always groundbreaking, new features can begin to stack up over multiple generations. For example, the iPhone 15 Pro will be a notable upgrade for those who still have a three-year-old iPhone 12 Pro.
If you are still using an iPhone 12 Pro and are considering upgrading to the iPhone 15 Pro when it launches later this year, we have put together a...
Apple's high-end iPhone models have started at $999 in the U.S. since they first launched back in 2017 with the iPhone X, but could this finally be the year that starting price sees an increase?
This week also saw some more rumors about Apple's upcoming headset and the company's explorations in the booming AI industry as well as the release of a new round of beta updates, so read on for all...
The iPhone 15 Pro Max will have the thinnest bezels of any smartphone, beating the record currently held by the Xiaomi 13. That's according to the leaker known as "Ice Universe," who has divulged accurate information about Apple's plans in the past.
Both iPhone 15 Pro models are expected to have thinner, curved bezels compared to the iPhone 14 Pro, potentially resulting in an Apple...
While the iPhone 15 lineup is around six months away, there have already been plenty of rumors about the devices. Many new features and changes are expected for the iPhone 15 Pro models in particular, including a titanium frame and more.
Below, we have recapped 11 features rumored for iPhone 15 Pro models that are not expected to be available on the standard iPhone 15 and iPhone 15 Plus:A17...
Apple continues to test iOS 16.4, which includes a handful of new features and changes for the iPhone. Below, we have recapped five new features coming with the software update, including new emoji, push notifications from websites, and more.
Apple says iOS 16.4 will be available in the spring, which begins today. In his newsletter this weekend, Bloomberg's Mark Gurman said the update should ...
Top Rated Comments
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.
It's called being the foreman, genius.
----------
The jury is selected by both parties, not just the plaintiff.
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.
----------
I believe Samsung agreed to the jury as well. :eek:
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.
Well said, sir. Especially the bit in bold.