It would appear fairly obvious that Apple’s patent infringement award will not only be appealed, but reversed and thrown out.
Apple v. Samsung juror Manuel Ilagan said the nine-person jury that heard the patent infringement case between the companies knew after the first day that it believed Samsung had wronged Apple…. The decision was very one-sided, but Ilagan said it wasn’t clear the jurors were largely in agreement until after the first day of deliberations.
“It didn’t dawn on us [that we agreed that Samsung had infringed] on the first day,” Ilagan said. “We were debating heavily, especially about the patents on bounce back and pinch-to-zoom. Apple said they owned patents, but we were debating about the prior art [about the same technology that Samsung said existed before the iPhone debuted]. [Velvin Hogan] was jury foreman. He had experience. He owned patents himself. In the beginning the debate was heated, but it was still civil. Hogan holds patents, so he took us through his experience. After that it was easier. After we debated that first patent — what was prior art –because we had a hard time believing there was no prior art, that there wasn’t something out there before Apple.
“In fact we skipped that one,” Ilagan continued, “so we could go on faster. It was bogging us down.” …
“Once you determine that Samsung violated the patents,” Ilagan said, “it’s easy to just go down those different [Samsung] products because it was all the same. Like the trade dress, once you determine Samsung violated the trade dress, the flatscreen with the Bezel…then you go down the products to see if it had a bezel. But we took our time. We didn’t rush. We had a debate before we made a decision. Sometimes it was getting heated.”
Regardless of what you think of patents or Apple, the fact that the jury didn’t even look at all the prior art should be sufficient to get a judge to look at this again. And the jury foreman sounds like an Apple plant, or at least fanboi.