Monday, August 20, 2012

Judge worried about a 'confused jury' in Apple-Samsung trial


(Credit: James Martin/CNET)

SAN JOSE, Calif. -- Apple and Samsung brought out high-paid experts to figure out what each company owed the other in damages, but how will a jury of average Americans do when they get to make that decision?


That's on the mind of U.S. District Court Judge Lucy Koh, who expressed concern about the outcome while both companies hash out some last-minute arguments today.


"I am worried we might have a seriously confused jury here," Koh told legal counsel from both companies. "I have trouble understanding this, and I have spent a little more time with this than they have."


"It's so complex, and there are so many pieces here," she added.


That's no exaggeration. In the 21-page tentative verdict form that jurors face after closing arguments from both sides tomorrow, they must pick which devices from either side infringe on various patents. In Apple's case, it's on the hook for five of Samsung's utility patents across four of its devices -- incarnations of the iPhone, iPad and iPod Touch. For Apple, it's aimed three of its utility patents, and four of its design patents across more than 20 of Samsung's portable devices.


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